Using International Criminal Law to Resist Transitional Justice: Legal Rupture in the Extraordinary Chambers in the Courts of Cambodia
ICL Seminar with Associate Professor Mikael Baaz.
An increasing body of literature focuses on negotiations of transitional justice, but not much has been written so far regarding contestations over its practices and the refusal of states and individuals to participate. Given the remaining legalistic dominance, this is particularly true regarding the field of international criminal law. Very little, if any, work in international criminal law engages with the topic of “resistance.” Departing from this gap in research, focusing on Cambodia and the Extraordinary Chambers in the Courts of Cambodia (ECCC), the objective of this presentation is to introduce, discuss, and analyze the “strategy of rupture”—as developed by the late French lawyer Jacques Vergès—and the ways in which this legal defense has been applied in practice at the ECCC in order to resist not only the Tribunal per se, but also the entire Cambodian transitional justice process and, by extension, the post–Cold War global liberal project.
Pluricourts holds a monthly international criminal law (ICL) lunch, where an invited ICL expert gives a presentation on a topic of their choice, followed by questions from the audience. The aim is to provide a wide-ranging lecture series, giving varied insights into what is happening within the field of ICL today. We invite speakers from different backgrounds, and have had presentations from Norwegian- based and international academics, as well as speakers from local agencies who work with ICL-related issues, such as Kripos and the Norwegian Red Cross. The lunches also function as a meeting point for those who are interested in ICL, allowing for ideas to be exchanged and developed. They are open to the public, and are attended by staff, students and those working in ICL in the Oslo area.