The Khmer Rouge Tribunal judgment in Case 002/02 provides an opportunity to consider the advancement of justice, but we must recognize the significant shortfalls and limits of this tribunal, which have left many victims without a voice.
Genocide is not easy to prosecute. A conviction for the crime of genocide requires clear proof of “mental intent” to kill or displace a people based on national, ethnic, racial, or religious identity. The Khmer Rouge Tribunal – formally known as Extraordinary Chambers in the Court of Cambodia (ECCC) –has jurisdiction to prosecute the genocide of people based on religion as well as many other crimes.
The ECCC has jurisdiction to try suspects for religious persecution as set forth under the 1956 Penal Code, as well as crimes against humanity for acts committed as a widespread or systematic attack directed against a population for religious grounds.
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