The Khmer Rouge Genocide Trial and the Marcos Human Rights Victims: the Quest for Justice and Reparations
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Just how does one make sense of the genocide perpetrated by the Khmer Rouge during its rule in the 70’s and the numerous human rights violations in the Philippines during the Marcos period? Like the conflicts that have marked human history at the close of the 20th century, Southeast Asia is no exception, similar to the many attempts to come to terms with the past and put to account wrongdoers worldwide. The paper is an attempt to historicize these two seemingly unrelated events and analyze them from the synoptic frameworks of transitional justice and reparations. Similar to the experiences faced by many societies transitioning towards democratic rule, notably in Latin America, the dilemma of whether to pursue justice or preserve the peace and the newfound status quo has characterized the length at which justice had eluded the victims in Cambodia and the Philippines. Yet, no matter what the limits are in pursuing accountability, or these so called historical injustices, closure is still achievable. The paper would like to argue that closure is possible when one, all or a combination of the following, depending on the gravity of the crime, is present—truth-telling, prosecution for the crimes committed, and a grant of compensation.
Abstract
Just how does one make sense of the genocide perpetrated by the Khmer Rouge during its rule in the 70’s and the numerous human rights violations in the Philippines during the Marcos period? Like the conflicts that have marked human history at the close of the 20th century, Southeast Asia is no exception, similar to the many attempts to come to terms with the past and put to account wrongdoers worldwide. The paper is an attempt to historicize these two seemingly unrelated events and analyze them from the synoptic frameworks of transitional justice and reparations. Similar to the experiences faced by many societies transitioning towards democratic rule, notably in Latin America, the dilemma of whether to pursue justice or preserve the peace and the newfound status quo has characterized the length at which justice had eluded the victims in Cambodia and the Philippines. Yet, no matter what the limits are in pursuing accountability, or these so called historical injustices, closure is still achievable. The paper would like to argue that closure is possible when one, all or a combination of the following, depending on the gravity of the crime, is present—truth-telling, prosecution for the crimes committed, and a grant of compensation.
참고문헌 (44)
- Alfonsin, Raul, "`Never Again’ in Argentina", Journal of Democracy, 4(1), pp.14~19 (1993)
- Arditti, Rita, "Searching for Life: The Grandmothers of the Plaza de Mayo and the Disappeared Children of Argentina" (2005), University of California Press
- Arendt, Hanna, "The Human Condition" (1962), University of Chicago Press
- Barkan, Eleazar, "The Guilt of Nations: Restitution and Negotiating Historical Injustices" (2000), W.W. Norton
- Bourget, Marie Noelle, "Between Memory and History" (1990), Harwood Academic Press
- Brooks, Roy L, "Politics and the Past: On Repairing Historical Injustices", pp.68~79 (2003), Rowman and Littlefield
- Casiple, Ramon C., "Waiting for Justice in the Marcos Litigation", Carnegie Council Human Rights Dialogue, 2(2) (2000)
- Casiple, Ramon, "Justice: Light at the End of the Marcosian Tunnel", Human Rights Forum, 8(2), pp.54~66 (1999)
- Casiple, Ramon, "Reflections on the Human Rights Movement", Human Rights Forum, 6(2), pp.23~30 (1997)
- Coronel, Sheila, "Kudeta: The Challenge to Philippine Democracy" (1990), Philippine Center for Investigative Journalism and Photojournalist’ Guild of the Philippines
- De Kok, Devin, "Negotiating the Past: The Making of Memory in South Africa", pp.221~234 (1998), Oxford University Press
- Hamber, Brandon, "The Role of Memory in Ethnic Conflict", pp.144~168 (2003), Palgrave Macmillan
- Hayner, Priscilla, "Unspeakable Truths: Confronting State Terror and Atrocity" (2001), Routledge
- "The Personal Jurisdiction of the Extraordinary Chambers in the Courts of Cambodia as Regards Khmer Rouge `Senior Leaders’ and Others `Most Responsible’ for Khmer Rouge Crimes: A History and Recent Developments" (2012)[URL]
- Hesse, Carla, "Human Rights in Political Transitions: Gettysburg to Bosnia" (1999), Zone Books
- Ignatieff, Michael, "The Rights Revolution" (2001), Asensi
- Kaser, Thomas, "Did Marcos torture or kill thousands?", Hawaii Star Bulletin. 9 September, 1&2, ~ (1994)
- Kieran, Williams, "Explaining Lustration in Central Europe: A `Post-communist Politics’ Approach", Democratization, 12(1), pp.89~105 (2005)
- Kiernan, Ben, "The Pol Pot Regime: Race, Power and Genocide in Cambodia under the Khmer Rouge, 1975-1979" (1992), Yale University Press
- Lynch, David J, "Cambodians Hope Justice will Close Dark Chapter", USA Today, 20 March: 1&4, ~ (2005)
- Mamdani, Mahmood, "After the Truth and Reconciliation Commission: Reflections on Truth and Reconciliation in South Africa", pp.143~188 (2001), Ohio University Press
- Mascarenhas, Tomas Bril, "House of Horror", New Internationalist. December: 10-11, ~ (2005)
- Mc Evers, Kelly, "Price of Justice", Far Eastern Economic Review. 17 February: 27, ~ (2000)
- Mendez, Juan E, "Transitional Justice and the Rule of Law in New Democracies", pp.3~28 (1999), Indiana University Press
- Orendain, Joan, "The Long, Torturous Road to Honolulu", Sunday Inquirer Magazine. 11 October. 5,6,8,10,11, ~ (1992)
- Philips, Ruth B., "Politics and the Past: On Repairing Historical Injustices", pp.149~167 (2003), Rowman and Littlefield
- Ramirez, Ma. Glenda R., "Twice Victimized: The Marcos Human Rights Litigation Revisited", Human Rights Forum, 10(2), pp.56~68 (2001)
- Ratner, Steven, "Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy" (1997), Oxford University Press
- Robertson, Geoffrey, "Crimes against Humanity: The Struggle for Global Justice" (2000), New Press
- Ryan, Tim, "Nun: Torture `routine’ under Marcos", Hawaii Star Bulletin. 11 September, 4, ~ (1992)
- "What Has Been `Extraordinary’ About International Justice in Cambodia" (2015)[URL]
- Simpson, Graeme, "South Africa’s Truth and Reconciliation Commission: Some Lessons for Societies in Transition" (1999), Center for the Study of Violence and Reconciliation
- Smith, Kathleen E., "Remembering Stalin’s Victims: Popular Memory and the End of the USSR" (1996), Cornell University Press
- Sriram, Chandra Lekha, "Confronting Past Human Rights Violations: Justice versus Peace in Times of Transitions" (2004), Frank Cass
- Tavuchis, Nicholas, "Mea Culpa: A Sociology of Apology and Reconciliation" (1991), Stanford University Press
- Thion, Serge, "Watching Cambodia: Ten Paths to Enter the Cambodian Tangle" (1993), White Lotus
- Thomas Kaser, "Marcos trial hears litany of torture", Hawaii Star Bulletin. 14 September. 1&4, ~ (1994)
- Torpey, John, "Politics and the Past: On Repairing Historical Injustices" (2003), Rowman and Littlefield
- Torpey, John, "Making Whole What Has Been Smashed: Reflections on Reparations", Journal of Modern History, 73(1), pp.335~347 (2001)
- Vickery, Michael, "Cambodia: 1975-1982" (1984), South End Press
- O’Donnell, Guillermo, "Transitions from Authoritarian Rule: Comparative Perspectives" (1986), John Hopkins University Press
- Mc Adams, James, "Transitional Justice and the Rule of Law in New Democracies" (1997), Indiana University Press
- Teitel, Ruti, "Transitional Justice" (2000), Oxford University Press
- Linz, Juan J., "Problems of Democratic Transition and Consolidation" (1996), John Hopkins University Press