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The Global Community Yearbook of International Law and Jurisprudence 2017$
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Giuliana Ziccardi Capaldo

Print publication date: 2018

Print ISBN-13: 9780190923846

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780190923846.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2020

International Human Rights Law in the Reparation Practice of the Extraordinary Chambers in the Courts of Cambodia

International Human Rights Law in the Reparation Practice of the Extraordinary Chambers in the Courts of Cambodia

Chapter:
(p.213) II.1 International Human Rights Law in the Reparation Practice of the Extraordinary Chambers in the Courts of Cambodia
Source:
The Global Community Yearbook of International Law and Jurisprudence 2017
Author(s):

Juan-Pablo Perez-Leon-Acevedo

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190923846.003.0010

Among international and hybrid criminal tribunals, the Extraordinary Chambers in the Courts of Cambodia (ECCC) is one of the few that include a reparation system for victims of crimes under its jurisdiction. This article analyses how and to what extent the ECCC has used international human rights law (IHRL) to interpret and apply reparation provisions of the ECCC legal instruments. The ECCC has largely relied on IHRL sources, particularly, the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, case-law of the Inter-American Court of Human Rights and case-law of the European Court of Human Rights. However, such use has been adapted to the legal framework of the ECCC. Unlike human rights courts, the ECCC determines individual criminal liability and, thus, can only order reparations against convicted individuals.

Keywords:   Extraordinary Chambers in Cambodian Courts, ECCC, human rights courts, individual criminal liability, IHRL

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