Nuhanovic Foundation

Reparations Database

Extraordinary Chambers in the Courts of Cambodia (ECCC) Prosecution vs KAING Guek Eav alias Duch – Judgement and Reparations decision





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This first case to reach completion at the Extraordinary Chambers in the Courts of Cambodia contains a fascinating discussion about reparations. (Although the Court is situated in Cambodia, we list it here under International Courts becaue it was in fact a hybrid court staffed by international as well as local personnel). The claims of the ‘civil parties’ – victims of atrocities committed by the Khmer Rouge, who participated in the case and were entitled to bring claims for the harm they had suffered – are all listed in detail (Para 650). The specific types of reparation sought by the claimants are listed in section 4.4 (para’s 651-658).

In para’s 661-664 the judges describe the legal framework within they must award reparations as well as the limitations to their powers to enforce their implementation. This includes a discussion about how to award reparations if the convicted person who should make reparation is indigent (has insufficient funds or assets). Regrettably, at the time of this judgement, there was no mechanism allowing the ECCC to substitute or supplement awards made against the convicted persons with funds provided by national authorities or other third parties.

Following an analysis of all reparations sought, the court delivers its ‘Disposition’ on the reparations claims in paragraphs 682-3. See our Legal Instruments page in this section for a discussion of the evolution of the court’s provisions on reparations in the months and years following this decision.

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