Contributions of victims’ procedural rights to gender justice in international criminal law : the case of the extraordinary chambers in the courts of Cambodia

Abstract

This research lies at the intersection of two topical and debated areas in international criminal law. First, the emergence of victims’ rights in the procedural laws of international and hybrid criminal courts. Second, the challenges in providing accountability for sexual and genderbased violence (‘SGBV’). By connecting these debates, this thesis investigates the contributions of victims’ procedural rights to gender justice in international criminal law. Gender justice refers to the gender-sensitive process through which international and hybrid criminal courts provide accountability for SGBV crimes. This inquiry is both theoretical and empirical in nature. This research first develops a new model of gender justice composed of four branches: the recognition of SGBV crimes, the participation of SGBV victims, the reparation of gendered harms, and court culture. Second, it investigates the validity of this model through an empirical case study of the Extraordinary Chambers in the Courts of Cambodia’s Case 002/02. On 22 September 2022, the Supreme Court Chamber rendered its appeal judgment in the case and confirmed the criminal character of the Khmer Rouge’s policy of forced marriage. SGBV victims could participate as civil parties – a third party to the proceedings – and exercise numerous procedural rights. Case 002/02 is significant for gender justice, as it is the only international criminal case to date which combines a definitive conviction for SGBV crimes, the participation of SGBV victims in its proceedings, as well as the ordering and implementation of reparations. By associating doctrinal legal research with participant observation, documentary, and archival research, as well as qualitative interviews conducted with professionals and SGBV civil parties, this research confirms that victims’ procedural rights can contribute to the four branches of gender justice. Nevertheless, SGBV victims’ capacity to impact gender justice outcomes and processes is far from unlimited and depends on multiple factors influencing a court’s culture.