Priority Issues for Interested States Concerning the Extraordinary Chambers

Interested states have been and will continue to be key actors in making sure the Extraordinary Chambers of the Courts of Cambodia works fairly and effectively. Continued and intensified engagement by states which have a financial and/or policy interest in the court is all the more important now that court officials have started work in Phnom Penh. Urgent issues remain unaddressed and critical needs underfunded. As a result, it remains an open question whether the Extraordinary Chambers will successfully carry out the prosecution and trial of senior Khmer Rouge leaders and those most responsible for the deaths of an estimated two million victims between 1975 and 1979. The Extraordinary Chambers represents the final chance to bring the architects of these horrors to justice. The court's success (or failure) will also prove a crucial litmus test for hybrid war crimes tribunals in an era where international justice mechanisms are increasingly subject to critical scrutiny, financial strains, and pressure to perform. Donor state engagement will be essential in ensuring that the process is transparent, credible, impartial, and effective.

To maximize their contributions, we suggest that interested states should perform three principal functions: (i) actively engage the court through the creation of an informal advisory committee; (ii) monitor, fund, and advocate on key issues of court law, procedure, administration, and public outreach; and (iii) support the court and the Cambodian government in developing a legacy strategy for the court. Efforts on each of these fronts will further the broader aim of strengthening the rule of law in Cambodia.

In addressing the first two functions, this memo offers 11 practical recommendations for action.