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BL
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| Record Number
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860431
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| Main Entry
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Gidley, Rebecca
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| Title & Author
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Illiberal transitional justice and the Extraordinary Chambers in the Courts of Cambodia /\ Rebecca Gidley.
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| Publication Statement
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Cham, Switzerland :: Palgrave Macmillan,, [2019]
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| Series Statement
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Palgrave studies in the history of genocide
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| Page. NO
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1 online resource (1 volume)
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| ISBN
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3030047830
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: 9783030047832
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3030047822
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9783030047825
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| Bibliographies/Indexes
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Includes bibliographical references and index.
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| Contents
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Intro; Acknowledgements; Contents; Abbreviations; Chapter 1: Introduction; Contextualising the ECCC; The ECCC; Bucking the Liberal Democratic Trend; Illiberal Transitional Justice; Chapter 2: The State of Transitional Justice; Origins; Choosing a Mechanism; Rwanda; Assumptions; Filling the Illiberal Gap; African Truth Commissions; Uzbekistan; Bangladesh; Timing; Post-Transitional Justice; Conclusions; Chapter 3: Confronting the Past, 1975-1996; The Crimes of Democratic Kampuchea; Building a Narrative; Tuol Sleng Museum of Genocidal Crimes; PRT; Renakse Petitions; Performing and Educating
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Misled Persons MovementForging Peace; Defections; Conclusions; Chapter 4: The Development and Evolution of the ECCC, 1997-2003; Hun Sen Seizes Power; The US and Pol Pot; Final Defections; The Group of Experts Report; Defining the Hybrid Model; The UN Withdraws; Conclusions; Chapter 5: The ECCC in Action, 2003-2018; Approving the Agreement; Corruption; Case 001; Case 002; Pre-Trial Issues; Trial Stage; Involving the CPP; The Verdict; Case 003 and Case 004; Conclusions; Chapter 6: Breaking the Mould: Cambodia and the Transitional Justice Literature; Creating Deterrence and Ending Impunity
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Rule of LawPromoting Democracy; Justice and Healing; Procedural Justice; Substantive Justice; Truth, Reconciliation, and Healing; Conclusions; Chapter 7: Distinguishing Cambodia and Explaining the Existence of the ECCC; Distinguishing Cambodia; Explaining Cambodia; Benefits; Final Defeat of the Khmer Rouge; Shaping the Narrative; International Legitimacy; Constraints; Ambiguous Desires; Challenges to Power; Virtual Trials; Conclusions; Chapter 8: Conclusion; Illiberal Transitional Justice; Bibliography; Monographs, Journal Articles, and Book Chapters; Newspaper and Online Articles
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| Abstract
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This book examines the creation and operation of the Extraordinary Chambers in the Courts of Cambodia (ECCC), which is a hybrid domestic/international tribunal tasked with putting senior leaders of the Khmer Rouge on trial. It argues that the ECCC should be considered an example of illiberal transitional justice, where the language of procedure is strongly adhered to but political considerations often rule in reality. The Cambodian government spent nearly two decades addressing the Khmer Rouge past, and shaping its preferred narrative, before the involvement of the United Nations. It was a further six years of negotiations between the Cambodian government and the United Nations that determined the unique hybrid structure of the ECCC. Over more than a decade in operation, and with three people convicted, the ECCC has not contributed to the positive goals expected of transitional justice mechanisms. Through the Cambodian example, this book challenges existing assumptions and analyses of transitional justice to create a more nuanced understanding of how and why transitional justice mechanisms are employed.--
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Extraordinary Chambers in the Courts of Cambodia.
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Extraordinary Chambers in the Courts of Cambodia.
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| Subject
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Criminal procedure (International law)
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International crimes-- Cambodia.
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International criminal courts-- Cambodia.
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Transitional justice-- Cambodia.
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Atrocities.
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Criminal procedure (International law)
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International crimes.
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International criminal courts.
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LAW-- Criminal Law-- General.
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Transitional justice.
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Cambodia, History, Civil War, 1970-1975, Atrocities.
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| Subject
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Cambodia.
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| Dewey Classification
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345.5960142
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| LC Classification
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KZ1208.C36
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