Julie Bernath - Böcker

Understanding the ECCC and transnational justice in a local context.From 1975 to 1979, while Cambodia was ruled by the brutal Communist Party of Kampuchea (Khmer Rouge) regime, torture, starvation, rape, and forced labor contributed to the death of at least a fifth of the country's population. Despite the severity of these abuses, civil war and international interference prevented investigation until 2004, when protracted negotiations between the Cambodian government and the United Nations resulted in the establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC), or Khmer Rouge tribunal. The resulting trials have been well scrutinized, with many scholars seeking to weigh the results of the tribunal against the extent of the offenses.Here, Julie Bernath takes a different tack, deliberately decentering the trials in an effort to understand the ECCC in its particular context—and, by extension, the degree to which notions of transitional justice generally must be understood in particular social, cultural, and political contexts. She focuses on "sites of resistance" to the ECCC, including not only members of the elite political class but also citizens who do not, for a variety of tangled reasons, participate in the tribunal—and even resistance from victims of the regime and participants in the trials. Bernath demonstrates that the ECCC both shapes and is shaped by long-term contestation over Cambodia's social, economic, and political transformations, and thereby argues that transitional justice must be understood locally rather than as a homogenous good that can be implanted by international actors.

Despite a more reflective concern over the past 20 years with marginalised voices, justice from below, power relations and the legitimacy of mechanisms and processes, scholarship on transitional justice has remained relatively silent on the question of ‘resistance’. In response, this book asks what can be learnt by engaging with resistance to transitional justice not just as a problem of process, but as a necessary element of transitional justice. Drawing on literatures about resistance from geography and anthropology, it is the social act of labelling resistance, along with its subjective nature, that is addressed here as part of the political, economic, social and cultural contexts in which transitional justice processes unfold. Working through three cases – Côte d’Ivoire, Burundi and Cambodia – each chapter of the book addresses a different form or meaning of resistance, from the vantage point of multiple actors. As such, each chapter adds a different element to an overall argument that disrupts the norm/deviancy dichotomy that has so far characterised the limited work on resistance and transitional justice. Together, the chapters of the book develop cross-cutting themes that elaborate an overall argument for considering resistance to transitional justice as a subjective element of a political process, rather than as a problem of implementation.