Added: June 4, 2016 – Last updated: June 4, 2016

TITLE INFORMATION


Authors: Valerie Oosterveld and Patricia Viseur Sellers

Title: Issues of Sexual and Gender-Based Violence at the ECCC

Subtitle: -

In: The Extraordinary Chambers in the Courts of Cambodia: Assessing their Contribution to International Criminal Law

Edited by: Simon M. Meisenberg and Ignaz Stegmiller

Place: The Hague

Publisher: T.M.C. Asser Press

Year: 2016

Pages: 321-351

Series: International Criminal Justice Series 6

ISBN-13: 9789462651043 – Find a Library: Wikipedia, WorldCat | ISBN-13: 9789462651050 (ebk.) – Find a Library: Wikipedia, WorldCat

Language: English

Keywords: Modern History: 20th Century | Asian History: Cambodian History | Prosecution: Trials / Extraordinary Chambers in the Courts of Cambodia; Types: Forced Marriage



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ADDITIONAL INFORMATION


Author:

Valerie Oosterveld, Faculty of Law, Western University

Abstracts:

»In an environment of violence and inhumanity sexual and gender based violence against women and men is commonplace. History has shown that this is a reality in all cultures and societies. The failure and the delay of the ECCC to investigate sexual crimes, despite the experience of other tribunals in this field, is disappointing. Nevertheless, the ECCC underwent a drastic development and eventually investigated and charged gender based violence. There are important lessons to be drawn from the ECCC experience in this regard. The importance of this experience is highlighted by Valerie Oosterveld and Patricia Viseur Sellars. In their exhaustice study they highlight the positive addition of the ECCC to the understanding of the crime of forced marriage in international criminal law. Expectedly, they highlight some contentious aspects of the ECCC jurisprudence, such as rape, which was not considered a specific crime against humanity in 1975 by the Supreme Court Chamber.« (Simon M. Meisenberg and Ignaz Stegmiller. »Introduction: An Extraordinary Court.« The Extraordinary Chambers in the Courts of Cambodia: Assessing their Contribution to International Criminal Law. Edited by Simon M. Meisenberg et al. The Hague 2016: 6-7)

»This chapter examines how the Extraordinary Chambers in the Courts of Cambodia have-and have not-addressed sexual and gender-based crimes under the Khmer Rouge regime. It begins with a brief exploration of what was known about sexual and gender-based violence under the Khmer Rouge when the ECCC began operation, and how negation of this knowledge seriously impacted the court's initial investigations. It then turns to an examination of how forced marriage came to be addressed as a crime against humanity in Case 002. This section evaluates the ECCC's analysis of forced marriage as an inhumane act, which represents a positive addition to the understanding of forced marriage in international criminal law. However, it also highlights the current gaps that still need to be addressed, including the definition and classification of forced marriage. The chapter subsequently examines how the ECCC has considered rape as a crime against humanity. This story is not as positive. The court has narrowly prescribed the acts of rape that can be considered in Case 002/02 to rapes within forced marriages, likely affecting Case 004's allegations of rape outside of forced marriages. It has also determined that rape was not considered a specific crime against humanity in 1975. The chapter ends with an inquiry into the ECCC's likely legacy on sexual and gender-based crimes.« (Source: Article)

Contents:

  Abstract (p. 321)
  12.1 Introduction (p. 322)
  12.2 Assumptions About, and Knowledge of, Sexual and Gender-Based Violence (p. 323)
  12.3 Forced Marriage as Considered by ECCC (p. 325)
    12.3.1 Case 002 (p. 326)
    12.3.2 Cases 003 and 004 (p. 332)
  12.4 Rape as Considered by the ECCC (p. 334)
    12.4.1 Case 001 (p. 335)
    12.4.2 Case 002 (p. 342)
    12.4.3 Case 004 (p. 346)
  12.5 Conclusion: The Legacy of the ECCC on Sexual and Gender-Based Violence (p. 347)
  References (p. 350)

Wikipedia: History of Asia: History of Cambodia / Democratic Kampuchea | Khmer Rouge rule of Cambodia | Court: International court / Khmer Rouge Tribunal | Marriage: Forced marriage