TY - JOUR
T1 - Competing Perceptions of Hybrid Justice: International v. National in the Extraordinary Chambers of the Courts of Cambodia
AU - Kjeldgaard-Pedersen, Astrid
AU - Christensen, Mikkel Jarle
PY - 2018
Y1 - 2018
N2 - Mixing insights from critical sociology and legal scholarship, this article analyses the diverging professional interests at play in the Extraordinary Chambers in the Courts of Cambodia (eccc) and examines how they affect the Chambers' application of the law. The article shows that judicial interpretation in the eccc is influenced by two non-legal factors. One is the overall shared interest of the competing groups of professionals occupying the Chambers that the Khmer Rouge leaders are tried before an internationalised rather than purely a domestic court. The other is the profound power battle between the international and the national constituents of the eccc. In a broader context, the findings of the article point to a fundamental divide between an international market of criminal lawyers promoting a very specific idea of international criminal justice and the local context this market purports to cater to.
AB - Mixing insights from critical sociology and legal scholarship, this article analyses the diverging professional interests at play in the Extraordinary Chambers in the Courts of Cambodia (eccc) and examines how they affect the Chambers' application of the law. The article shows that judicial interpretation in the eccc is influenced by two non-legal factors. One is the overall shared interest of the competing groups of professionals occupying the Chambers that the Khmer Rouge leaders are tried before an internationalised rather than purely a domestic court. The other is the profound power battle between the international and the national constituents of the eccc. In a broader context, the findings of the article point to a fundamental divide between an international market of criminal lawyers promoting a very specific idea of international criminal justice and the local context this market purports to cater to.
U2 - 10.1163/15718123-01801007
DO - 10.1163/15718123-01801007
M3 - Journal article
SN - 1567-536X
VL - 18
SP - 127
EP - 153
JO - International Criminal Law Review
JF - International Criminal Law Review
IS - 1
ER -