Cambodia takes control of its war crimes legacy – Lowy Institute

 

Report on the Legacy and Transition of the Extraordinary Chambers in the Courts of Cambodia (ECCC)

Introduction: A Hybrid Tribunal’s Role in Advancing SDG 16

The Extraordinary Chambers in the Courts of Cambodia (ECCC), established in 2003 through a partnership between the Cambodian government and the United Nations, represents a significant model of transitional justice. As Asia’s first post-war international tribunal, its primary mandate was the prosecution of senior leaders of the Khmer Rouge regime. This initiative is a direct implementation of Sustainable Development Goal 16 (Peace, Justice and Strong Institutions), aiming to promote the rule of law and build effective, accountable institutions in a post-conflict society. The collaboration itself exemplifies SDG 17 (Partnerships for the Goals), showcasing a joint effort to address grave historical injustices.

Key Contributions to International Justice and Sustainable Development

Despite operational challenges related to cost and timelines, the ECCC has delivered landmark judicial contributions that advance global justice and specific Sustainable Development Goals. These achievements provide a powerful precedent for international law and accountability.

Major Judicial and Social Accomplishments

• Advancing SDG 16 (Peace, Justice and Strong Institutions): The tribunal successfully convicted the world’s first former head of state for genocide, reinforcing the principle that leaders are not above the law and promoting equal access to justice for victims of mass atrocities.
• Promoting SDG 5 (Gender Equality): In a historic ruling, the ECCC formally recognised forced marriage as a crime against humanity. This decision is a critical step in addressing gender-based violence in conflict and upholding the rights and protection of women.

The Residual Mandate: A Transition Towards National Ownership and Institutional Strength

The ECCC’s residual functions, initially set to conclude in 2024, have been extended to 2027. This extension facilitates a managed transition towards a new, fully domestic successor institution proposed by the Cambodian government. This process marks a pivotal shift from an internationally-led justice project to a nationally-owned legacy, directly supporting the objective of SDG 16.6 to develop effective, accountable, and transparent institutions at all levels.

Core Activities of the Residual Functions

The focus of the ECCC has evolved from primarily criminal litigation to a broader mandate centered on securing its legacy and fostering societal healing. Key activities include:

• Administration and preservation of judicial archives.
• Monitoring of court-ordered reparations for victims.
• Supervision of the sentence of the sole surviving convicted leader, Khieu Samphan.
• Systematic declassification and dissemination of judicial documents.
• Implementation of large-scale outreach, education, and memorialisation programs.

Fostering Public Engagement, Education, and Memorialisation for Sustainable Peace

A defining feature of the ECCC’s residual phase is its deep and ongoing engagement with the Cambodian public, particularly communities affected by the Khmer Rouge regime. By operating within Cambodia, the ECCC maintains proximity to stakeholders, enabling more impactful and relevant programming that contributes to several SDGs.

Initiatives for Education and Inclusive Societies (SDG 4 & SDG 16)

The ECCC has adopted innovative methods to engage the public, especially youth who did not directly experience the Khmer Rouge era. This focus on intergenerational knowledge transfer is vital for building a peaceful and inclusive society as envisioned in SDG 16.

• The Mobile Resource Centre: This initiative brings educational materials and information about the tribunal’s work directly to communities across Cambodia’s provinces.
• Digital Outreach: The ECCC’s TikTok account, with nearly half a million followers, demonstrates an unmatched capacity among international courts to engage a younger demographic in accessible ways.

These efforts directly contribute to SDG 4 (Quality Education) by promoting education on human rights, justice, and the importance of peace and non-violence.

Memorialisation and Cultural Heritage (SDG 11)

The ECCC’s work on memory is complemented by national efforts to preserve historical sites. The recent addition of the Killing Fields and the S-21 torture centre to the UNESCO World Heritage List demonstrates a convergence of legal, cultural, and memorialisation efforts. This alignment supports SDG 11.4, which calls for strengthening efforts to protect and safeguard the world’s cultural heritage.

Future Outlook: Domestic Succession and a Lasting Legacy

The planned handover of the ECCC’s functions to a domestic institution presents an opportunity to redefine the legacy of international criminal justice. The focus is shifting from trials to the long-term national ownership of memory, education, and civic engagement.

Key Considerations for a Successful Transition

For the successor institution to be both functional and meaningful, a clear and transparent process is required. Critical steps include:

1. Establishing a Legal Instrument: A formal legal framework must be created to govern the transfer of responsibilities from the hybrid UN-Cambodian body to the new national institution.
2. Maintaining Technical Expertise: The capacity and expertise developed within the ECCC should be retained to ensure the new institution’s effectiveness.
3. Managing Stakeholder Expectations: Clear and consistent communication with survivors, civil society, and development partners is essential to build and maintain trust.

The successful transition of the ECCC will establish a precedent for how international courts can support the localisation of justice, ensuring their work remains relevant for generations and contributes to the enduring goal of SDG 16: creating peaceful, just, and strong institutions.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

SDG 16: Peace, Justice and Strong Institutions

• The article’s central theme is the Extraordinary Chambers in the Courts of Cambodia (ECCC), a hybrid tribunal established to prosecute leaders of the Khmer Rouge regime. This directly relates to promoting justice and building strong, accountable institutions. The text discusses its role in delivering justice, recognizing crimes against humanity, and its transition into a national institution, all of which are core to SDG 16.

SDG 4: Quality Education

• The article highlights the ECCC’s residual functions, which have a strong educational component. It mentions “large-scale outreach across Cambodia’s provinces,” engaging “youth who were not direct victims,” and using tools like a Mobile Resource Centre and a popular TikTok account. This focus on public memory, teaching, and civic engagement aligns with the goals of quality education, particularly in promoting a culture of peace and human rights.

SDG 11: Sustainable Cities and Communities

• The article connects the legal processes of the ECCC to broader efforts of memorialization and cultural preservation. It explicitly states that “the Killing Fields execution site and two former torture centres, including the infamous S-21, were added to UNESCO’s World Heritage List.” This action directly supports the goal of protecting and safeguarding cultural heritage.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. SDG Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

   • The entire existence of the ECCC as a “hybrid court that prosecuted senior leaders of the Khmer Rouge regime” is an effort to promote the rule of law. The article details its work in convicting a former head of state for genocide and recognizing forced marriage as a crime against humanity, which are clear examples of ensuring justice. The transition to a “fully domestic institution” further demonstrates the effort to ground the rule of law at the national level.

2. SDG Target 16.6: Develop effective, accountable and transparent institutions at all levels.

   • The article discusses the evolution of the ECCC from an international tribunal to a domestic one. The process of creating a “new national institution to succeed the ECCC” and the need to “clearly articulate what aspects of the ECCC’s work will remain and what will change” to “build public trust” are direct efforts related to developing effective and accountable institutions.

3. SDG Target 16.10: Ensure public access to information and protect fundamental freedoms.

   • The ECCC’s residual functions are shown to actively promote public access to information. The article cites initiatives like the “Mobile Resource Centre,” a “TikTok account with nearly half a million followers,” and the task of “overseeing the declassification of judicial documents” as ways the ECCC engages the public and makes information accessible.

4. SDG Target 4.7: Ensure that all learners acquire the knowledge and skills needed to promote sustainable development, including… promotion of a culture of peace and non-violence.

   • The ECCC’s outreach activities are aimed at education for peace. The article notes its focus on “engaging with society at large, including youth who were not direct victims” and how it supports “civic engagement, education and public memory.” These efforts are designed to teach about the past to promote a culture of peace and non-violence for future generations.

5. SDG Target 11.4: Strengthen efforts to protect and safeguard the world’s cultural and natural heritage.

   • The article provides a direct example of this target being met: “This year, Cambodia’s efforts to institutionalise remembrance were further seen when the Killing Fields execution site and two former torture centres, including the infamous S-21, were added to UNESCO’s World Heritage List.” This shows how memorialization and legal responses converge to protect cultural heritage.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Indicators for Target 16.3 (Access to Justice):

   • Convictions for major crimes: The article mentions the conviction of the “world’s first former head of state for genocide” and the recognition of “forced marriage as a crime against humanity” as key outcomes of the tribunal.
   • Establishment of judicial mechanisms: The creation of the ECCC itself and the planned “new national institution to succeed the ECCC” serve as indicators of functioning justice systems.

2. Indicators for Target 16.6 (Effective Institutions):

   • Transition to a domestic institution: The process of the “ECCC’s handover” from a hybrid UN-Cambodian body to a “fully domestic institution” is a tangible indicator of building national institutional capacity.
   • Public trust: The article implies the importance of this indicator by stating that clarity in the transition process will “build public trust and ensure that the successor institution is both functional and meaningful.”

3. Indicators for Target 16.10 (Public Access to Information):

   • Outreach initiatives: The existence of the “Mobile Resource Centre” is a specific indicator of outreach efforts.
   • Digital engagement metrics: The “TikTok account with nearly half a million followers” provides a quantifiable indicator of public engagement and information dissemination.
   • Information declassification: The ongoing process of “overseeing the declassification of judicial documents” is a direct measure of increasing public access to information.

4. Indicators for Target 4.7 (Education for Peace):

   • Educational outreach programs: The article mentions “large-scale outreach across Cambodia’s provinces” and shows a photo of an “outreach visit by ECCC to Somrong Thom High School,” which are concrete examples of educational activities.
   • Focus on youth engagement: The specific targeting of “youth who were not direct victims and born after the Khmer Rouge era” is an indicator of promoting education for peace among younger generations.

5. Indicators for Target 11.4 (Protecting Cultural Heritage):

   • Inclusion on World Heritage List: The most direct indicator mentioned is that the “Killing Fields execution site and two former torture centres… were added to UNESCO’s World Heritage List.”

4. Table of SDGs, Targets, and Indicators

SDGs	Targets	Indicators Identified in the Article
SDG 16: Peace, Justice and Strong Institutions	16.3: Promote the rule of law and ensure equal access to justice.	Conviction of a former head of state for genocide. Recognition of forced marriage as a crime against humanity. Establishment of a new national institution to succeed the ECCC.
	16.6: Develop effective, accountable and transparent institutions.	Transition of the ECCC from a hybrid to a fully domestic institution. Efforts to build public trust in the successor institution.
	16.10: Ensure public access to information.	Creation of a Mobile Resource Centre. Operation of a TikTok account with nearly half a million followers. Process of declassifying judicial documents.
SDG 4: Quality Education	4.7: Ensure learners acquire knowledge for sustainable development, including a culture of peace.	Large-scale outreach programs in Cambodian provinces. Specific engagement with youth and high school students. Focus on public memory, education, and civic engagement.
SDG 11: Sustainable Cities and Communities	11.4: Strengthen efforts to protect and safeguard cultural heritage.	Addition of the Killing Fields and S-21 torture centre to the UNESCO World Heritage List.

Source: lowyinstitute.org