Soldiers as Victims at the ECCC: Exploring the Concept of ‘Civilian’ in Crimes against Humanity

AbstractThe inspiration for this article came from a call for amicus curiae briefs issued in April 2016 by the Office of the Co-Investigating Judges in the Extraordinary Chambers in the Courts of Cambodia (ECCC). The call sought guidance on: whether, under customary international law applicable between 1975 and 1979, an attack by a state or organization against members of its own armed forces may amount to an attack directed against a civilian population for the purpose of constituting a crime against humanity under Article 5 of the ECCC Law. We argue that customary international law justifies a finding that an attack on members of the armed forces can constitute crimes against humanity. In particular, the article focuses on the importance placed on the persecution element of crimes against humanity in the post-Second World War jurisprudence, and the broad interpretation of the term ‘civilian’. The article also examines the jurisprudence of contemporary international courts, finding that in some cases the courts have interpreted the term ‘civilian’ as incorporating hors de combat. However, the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Court (ICC) have moved towards a more restrictive interpretation of the term ‘civilian’, potentially excluding members of the armed forces. We argue that this move is regressive, and against the spirit in which the offence of crimes against humanity was created. The ECCC has an opportunity to counter this restrictive approach, thereby narrowing the protection gap which crimes against humanity were initially created to close.</jats:p

Vernacularising human dignity in human rights education: a Cambodian case study

In this article we interrogate the potential value of ‘human dignity’ as a tool for vernacularisation in the context of human rights education (HRE), drawing on legal higher education in Cambodia as a case study. To do so, we first outline the role of human dignity in human rights education, flagging that while the concept has been identified as a principle, goal, and tool of HRE, there has been little reflection on its diverse and contested meanings across and within different contexts. Drawing on a range of scholarship that interrogates human dignity, vernacularisation and HRE, as well as original data collected in Cambodia between 2020 and 2022, we explore the opportunities and challenges associated with using human dignity as a tool for HRE in Cambodia. We conclude by offering some reflections on the process of drafting a ‘human dignity curriculum’ for use in Cambodia’s legal higher education

Scoping a Domestic Legal Framework for Ecocide in Scotland

This report provides an overview of existing state practice regarding the criminalisation of ecocide. It outlines three main approaches discernible in state practice: framing ecocide as an atrocity crime; adopting the language ofthe Stop Ecocide Foundation’s Independent Expert Panel’s 2021 ecocide proposal; and criminalising severe environmental destruction without evoking the language of ecocide. It finds that while accountability for ecocide has been elusive, there is reason to believe that we may see more attempts to investigate and prosecute ecocide in future

Communicating Justice: Cambodian Press Coverage of the ECCC’s Final Judgment

This article explores Khmer-language media reporting of the final appeal judgment at the Extraordinary Chambers in the Courts of Cambodia (Case 002/02). Media reports are interesting for two reasons. First, as a source of opinions expressed in Cambodia’s official language (Khmer), which often remain beyond purview of international observers. Second, as one of the few sources of information about the ECCC available to the Cambodian public now that official Court outreach has largely ceased. Yet, free media is significantly curtailed in Cambodia, and reporting on the ECCC is likely to be shaped by what is politically safe to print, as well as what is deemed publicly interesting. Against this backdrop this article explores: the press’s tendency to downplay Cambodian political interference in the ECCC proceedings; its (mis)representation of the ECCC’s genocide findings; its reporting on its prosecution of sexual and gender-based crimes; and its use of ‘justice for victims’ rhetoric

Rights and relationality: A review of the role of law in the human/water relationship

In this review, we use legal scholarship to explore the way that the law constructs and maintains discourses on both water rights and water relationality. Water rights and water relationality can be constructed as opposite ends of a spectrum of legal modalities for defining and regulating the human/water relationship. However, when considered through the lens of law, rights and relationality can also be seen as intertwined. The legal instruments that create individual rights to take and use water situate those rights within frameworks that regulate the relationship between humans (both collectively and individually) and between humans and the water ecosystem. We begin with an identification and exploration of three water rights discourses in legal scholarship: water as a private right (to take and use), the human right to water, and the rights of rivers. We then consider emerging legal scholarship on the more complex reality of water relationality, focusing on the role of law in water commoning, Indigenous laws, and environmental restorative justice. In doing so, we identify points of intersection between these discourses as mediated through law. We also identify critiques of both water rights and water relationality discourses in law and the ways in which they shape our ability to respond to water crises

HUMAN DIGNITY AND HUMAN RIGHTS: A CURRICULUM FOR HIGHER EDUCATION

This manual contains materials that can assist in exploring the concept of human dignity within human rights curricula in higher education. It can be used in its entirety or specific modules can be extracted for incorporation into other classes, for example on international criminal law or international human rights law