Educating on the Khmer Rouge: Legal History and Practicee-Learning and Training Program
Legal Aid of Cambodia

From 17 April 1975 to 7 January 1979, the Khmer Rouge controlled
Cambodia and committed a wide range of mass atrocities amounting to war crimes, crimes against humanity, and genocide. Millions ofpeople were killed, injured, and displaced as a result of these acts, and theintergenerational trauma continues to affect the Cambodian people to thisday.
To pursue accountability, seek the truth, and promote healing, discussions commenced in 1997 to establish a tribunal to try members of the
Khmer Rouge for their actions. This resulted in the establishment of theExtraordinary Chambers in the Courts of Cambodia (eccc), also commonly
known as the Khmer Rouge Tribunal, which became operational in 2006
and concluded its final case in December 2022, with the residual functions
currently in place. As a hybrid, internationalized court based in Cambodia,
the eccc’s jurisdiction was limited specifically to the senior leaders of the
Democratic Kampuchea and those who were most responsible for the international and domestic crimes committed during the relevant period of the
Khmer Rouge’s rule as specified above.
Throughout the lifetime of the court, a number of cases were investigated, and several senior leaders of the Khmer Rouge were convicted. A
massive amount of evidentiary materials were documented and preservedin various formats, and a large number of victim-survivors had the opportunity to participate in these proceedings as civil parties and have their stories
heard, with various reparation awards ordered by the court. From a legal
perspective, the jurisprudence of the court has contributed to the development of international criminal law, and the procedures and application oflaw at the eccc have had positive impact on the Cambodian domestic court
system. However, the court has also had its weaknesses and has received
constructive criticism, which provides an opportunity for learning.
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Although there were various outreach efforts by the court, there wasa general lack of easily accessible and understandable learning resourcesthat comprehensively covered the legal work of the eccc and its impact,
available to anyone in Cambodia, as well as those abroad who desired tolearn about the eccc. In addition, though a few law programs at Cambodian
universities offered courses and activities in international law, there was aneed to expand the availability of free and interesting materials to train law
students, young legal professionals, and other interested individuals on international criminal and human rights laws and foundational skills for legal
processes such as investigation and trial preparation.
To satisfy this need, the Legal Aid of Cambodia designed and implemented a program entitled “Educating on the Khmer Rouge: Legal History
and Practice e-Learning and Training Program”, funded by the European
Union through the United Nations Office for Project Services (unops), andin partnership with the Global Diligence Alliance and the Amrin Law andConsultants Group. The overarching goal was to build the next generationof public interest lawyers and legal professionals who can preserve the legal
history of the Khmer Rouge and the legacy of the eccc, and who can thereby
strengthen the rule of law in the country. It believed that an understandingof the country’s pursuit of justice for the atrocities of the past can enable law
students and young lawyers to better advocate for today’s most marginalized members of society and ensure that history does not repeat itself.
The e-learning platform is available at www.elearning-lac.org.
Course Development
The program consists ofsix e-learning courses,
which have been developed
jointly by the Legal Aid ofCambodia, legal experts,
and the lecturers for eachlesson. The course development process also involved
contributions from various
stakeholders, including an
Advisory Group, the eccc,
legal interns, pilot run par-

Educating on the Khmer Rouge: Legal History and Practice e-Learning and Training Program 33

ticipants, and e-learning specialists. Additional information is available in
the Program Syllabus provided on the e-learning platform.
Legal Aid of Cambodia (LAC)
Lac is an independent, non-governmental legal aid organization thatprovides free, quality legal services for Cambodia’s indigent population inboth criminal and civil cases. Having provided legal services for the mostmarginalized members of society since its founding in 1995, lac strives
towards access to justice for all and the protection of fundamental human rights. Lac’s current core programs consist of the General Legal Aid
Program, the Women’s Justice Program, the Child Justice Program, and theLand and Natural Resources Program. For nearly a decade, lac provided
legal representation for over 1,200 civil parties to multiple cases at the eccc
to ensure that the survivors are able to access justice, while also conducting
educational sessions in the communities to ensure that they are able to better understand the purpose and procedures of the eccc proceedings.
Legal Experts
The work of legal experts Kristin Rosella of the Global Diligence Allianceand Sok Sopheakmonica of the Amrin Law and Consultants Group were
integral in developing the courses, including laying the foundation for thecourse outline and structure, developing lecture materials and practice exercises, securing and supporting the lecturers, and contributing holistically tothe implementation of the program. They also served as lecturers in Course
1, based on their experiences at the eccc and background in internationallaw. In addition, legal expert Meas Bora, PhD, made significant contributions to the outline of the courses, in addition to serving as the lecturer for
Course 6.
Lecturers
The course development involved a total of twenty-six lecturers acrossthe various sections of the eccc, including national and international staff
from the judicial chamber, prosecution, investigation, defense, and civil
parties. As a combination of practitioners and academics, they collectively
bring a wealth of firsthand knowledge regarding the eccc and internationallaw, including from the early stages of the court’s establishment. The lecturers participated in the course development in their personal capacities

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rather than on behalf of the eccc, and their views may not necessarily represent those of the eccc.
In addition, the six exclusive interviewees represent the Cambodian judiciary, prosecution, civil society, and the Bar Association. Together, the lecturers and interviewees provide perspectives and insights both from within
and outside of the eccc.
Advisory GroupAn Advisory Group was established consisting of partners across sectors, to more effectively develop the courses, avoid duplication in efforts,
enhance synergies, ensure diverse content and sustainability, and promotecollaboration. The Advisory Group members provided input into the curriculum, course materials, course delivery approaches, and implementation
design, among others. The Advisory Group members consisted of:
•
•
•
•
•
•
•

Center for the Study of Humanitarian Law (cshl), Royal Universityof Law and Economics (rule)
Documentation Center of Cambodia (DC-Cam)
Faculty of Law and Public Affairs (flpa), Paññāsāstra University of
Cambodia (puc)Kdei Karuna Organization (KdK)
Lawyer Training Center (ltc), Bar Association of the Kingdom of
Cambodia (bakc)
Office of the United Nations High Commissioner for Human Rights(ohchr)Raoul Wallenberg Institute (rwi).

In addition, though not a member of the Advisory Group, the ecccs
Public Affairs Section supported the project by supplying helpful documents and resources for the e-learning courses, such as the recordings ofthe hearings in Khmer and English.
Legal Interns
Cambodian and foreign legal interns provided essential support to develop the e-learning courses.

Educating on the Khmer Rouge: Legal History and Practice e-Learning and Training Program 35

Pilot Run Participants
Four pilot runs were conducted during the course development process
to ensure that the course materials, course delivery approach, and e-learning platform are user-friendly and effective. The pilot runs were conductedwith law students of various backgrounds, including Cambodian students
between their first and fourth years in university, master’s students in international human rights law and international relations, and a foreign law
student.
e-Learning Specialists
The platform was developed using Moodle, with the technical supportof e-learning specialists from Beekee.
Program Syllabus
Each course is available in both English and Khmer on the e-learning platform. There is no enrollment fee to take the courses, and they are open toanyone for self-enrollment.
The program is comprised of six courses divided into two segments:••

Four academic courses: eccc’s legal history, framework, and application of international criminal law and international human rights
law in Cambodia;
Two skills-based training courses: Foundational knowledge of select practical skills, including investigation, collection and assessment of evidence, witness interview and examination, and preparations for trial. These courses are only meant to provide basic
knowledge and tips, rather than qualifications for practice.

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Course Content
Most of the course content was developed between May and September
2021, while some contain information that was current as of December
2021. Thus, the jurisprudence of the eccc that developed further since thencould not be covered by the courses. In addition, given the development
timeframe, the lessons do not all contain identical information about the
progress in the cases at the eccc. However, the reading excerpt in Course 2
Lesson 2 Section 2 provides the most updated progress as of 31 December
2021.
The content has been produced using a variety of sources, including
primary and secondary sources.
In addition to the expertise and experiences of each lecturer, the course
developers also drew upon domestic and international laws, eccc and international court decisions, other eccc documents like the Internal Rules,
and legal publications, among others. Direct citations are provided either
in the lecture slides or transcripts, and only documents properly classified
and posted for public circulation have been referenced. For the photos andgraphics used in the lecture slides and videos, permission has been soughtfor their use where necessary, and the appropriate credits are specified.
Course Composition
Course participants are able to jump between courses and lessons according to their interest, as there are no prerequisites. Each lesson is designed to take on average 1 to 1.5 hours to complete, though this will vary
according to the participant’s learning style and level of engagement withthe materials.
Each course is divided into multiple lessons comprised of up to four
sections that contain lecture videos (with their transcripts), PowerPoint
lecture slides, reading and video excerpts, retention practice exercises, andsupplemental materials. All lesson documents are available in the Course
Materials folder provided in each Course Home.
Each course is equipped with a Course Syllabus that provides the details
for each lesson, including the learning objectives, types of practice exercises,
and a listing of all the associated excerpts and supplemental materials, including relevant links. The expected completion time for each course is also
identified, but the Khmer courses will generally take longer than the English
courses to complete due to the longer lecture videos despite the same con-

Educating on the Khmer Rouge: Legal History and Practice e-Learning and Training Program 37

tent. The syllabus also provides the biographies of the lecturers for each lesson and any further instructions. Note that the consolidated biographies of
all lecturers and interviewees are provided in the Lecturer and Interviewee
Biographies document.
The lecture videos consist of the lecturer’s introductory video in thefirst section and closing video in the last section of the lesson, along with thePowerPoint audio recording videos for each section.
Where the English or Khmer lecturers are specified in the Course
Syllabus, the recordings have been conducted by these lecturers. For lessons that do not specify lecturers in both languages, the audio recording
was conducted by lac or the legal experts utilizing a translated version of
the course materials. The introductory and closing videos are provided in
English, Khmer, or French, as these are the three working languages of theeccc. Subtitles are only provided where the lecturer speaks in a language
different from the language of the course, but the full text is available in thelecture video transcript.
Transcripts have been provided for all lecture videos and exclusive
interview videos for course participants who prefer to read the text while
watching the videos, or for those who may have difficulty understanding
the videos. Some transcripts also contain additional information that is not
introduced in the lecture videos.
The practice exercises combine retention and critical thinking questions, which may cover content from the same, previous, or upcoming sec-

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tions to enhance the learning experience. A variety of exercise types are utilized, including multiple choice, scenario application, matching, drag anddrop, true or false, fill in the blank, flashcards, video/reading extracts, andwriting/documentation, among others. Explanatory feedback on the answer
choices is provided where helpful.
Certain sections also contain reading and/or video excerpts after thelecture videos, which are meant to provide a better context and understanding of the lesson content. Not all excerpts are available in both English andKhmer. Furthermore, lessons are complemented by supplemental materials
in the form of documents, videos, websites, online courses, and other forms,
which are specified in the Course Syllabus and partially provided in the
Course Materials folder. Common readings are provided in certain courses
for helpful documents that are relevant to all lessons in that course. Manyof the readings and videos are only available in English and are identified assuch in the syllabus.

In addition, each course begins with an exclusive interview video witha Khmer legal practitioner or expert to set the stage for the course and toshare their insights in the field. These videos were produced to further motivate law students and young lawyers to advance their studies and research
to improve their understanding of the law and advance their careers in thelegal field. At the end of the course, an evaluation and feedback form is provided for participants to submit their comments. Automated certificates are

Educating on the Khmer Rouge: Legal History and Practice e-Learning and Training Program 39

issued for individuals that complete entire courses, and separate certificates
can be obtained for the English and Khmer versions of the same course.
Prior to taking a course, it is suggested that the participant review the
Platform Instructions document that provides explanations and tips for using and navigating through the platform and its functionalities.

Course Description
COURSE 1: Legal Implications of the Khmer Rouge Regime
Exclusive Interview VideoSo Farina
Principal Deputy Director, Documentation Center of Cambodia
Lessons and Sections

Lecturers

Lesson 1: A History of the Khmer Rouge• Section 1: 1970-1979: Rise and Fall of the Khmer Rouge• Section 2: Structure and Leadership of the Democratic Kampuchea• Section 3: Acts Underlying the Crimes Committed During the Khmer Rouge

Kristin Rosella
Partner, Global
Diligence

Lesson 2: An Overview of the Legal Process• Section 1: Legal Terminology• Section 2: Understanding Jurisdiction• Section 3: Stages of a Case
Lesson 3: Accountability Mechanisms• Section 1: Introduction and National Courts• Section 2: Human Rights Mechanisms• Section 3: Ad Hoc Tribunals and International Criminal Court• Section 4: Hybrid and Special Courts

Sok
Sopheakmonica
Lawyer, Amrin Law
and Consultants
Group

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Lesson 4: Formation of the ECCC
• Section 1: Political Developments in 1991-1998• Section 2: Establishment Process of the ECCC
• Section 3: Goals of the ECCC by Cambodian Civil Society and the People

Sok Sam Oeun
Chief Attorney,
Amrin Law andConsultants GroupCOURSE 2: The ECCC Legal Framework
Exclusive Interview Video
Sok Sam Oeun
Chief Attorney, Amrin Law and Consultants Group
Lessons and Sections

Lecturers

Lesson 1: Structure of the ECCC
• Section 1: ECCC Hybrid Structure• Section 2: Jurisdictional Limitations of the ECCC
• Section 3: Stages of a Case and Applicable Standards

Juliette Esneau
Legal Consultant,
Pre-Trial Chamber, ECCC

Lesson 2: Cases Before the ECCC
• Section 1: Introduction to the Cases• Section 2: Case Developments• Section 3: Case Study of a Key Legal Development:
Detention of the Accused

Liv Sovanna
Secretary General,
Bar Association of
the Kingdom of
Cambodia

Doreen Chen
International Human
Rights Lawyer

Dy Socheata
LawyerLesson 3: Fair Trial Rights at the ECCC
• Section 1: Defining Fair Trial Rights• Section 2: Three Important Rights• Section 3: Minimum Guarantees for Accused• Section 4: Fair Trial Rights After Trial
Lesson 4: Victim Rights at the ECCC
• Section 1: Victim Participation at the ECCC
• Section 2: Procedures for Civil Party Participation• Section 3: Rights and Roles of Civil Parties• Section 4: Reparations

Michael G. Karnavas
International Co-Lawyer,
Case 003 Defense Team,
ECCC
Pich Ang
National Lead
Co-Lawyer for
Civil Parties, ECCC

Megan Hirst
International Lead
Co-Lawyer for Civil Parties,
ECCC

Keo Sothie
National Legal
Officer for Civil
Parties, ECCC

Lauren Tipton
International Legal
Consultant for Civil Parties,
ECCC

COURSE 3: International Criminal Law, Human Rights, and the ECCC
Exclusive Interview Video
Sin Soworn
Civil Party Co-Lawyer, ECCC | Deputy Director, Department of Defense for the Poor, Bar Association of theKingdom of Cambodia

Educating on the Khmer Rouge: Legal History and Practice e-Learning and Training Program 41
Lessons and Sections

Lecturers

Lesson 1: Genocide of the Cham and Vietnamese Groups• Section 1: Genocide and its Elements• Section 2: Specific Intent of Genocide• Section 3: Protected Groups Under Genocide• Section 4: Underlying Acts of Genocide

Tomas Hamilton
Senior Legal Consultant,
Case 004 Defense Team,
ECCC

Lesson 2: Crimes Against Humanity During the Khmer Rouge• Section 1: Crimes Against Humanity and its Contextual Elements• Section 2: Underlying Acts of Crimes Against Humanity (Part One)
• Section 3: Underlying Acts of Crimes Against Humanity (Part Two)
• Section 4: Underlying Acts of Crimes Against Humanity (Part Three)

Kristopher Yue
Legal Consultant,
Pre-Trial Chamber, ECCC

Lesson 3: War Crimes During the Armed Conflicts from 1975-1979• Section 1: War Crimes and its Contextual Elements• Section 2: Underlying Acts of War Crimes (Part One)
• Section 3: Underlying Acts of War Crimes (Part Two)

Janine Ensing
Legal Consultant,
Pre-Trial Chamber, ECCC

Lesson 4: Modes of Liability• Section 1: Introduction to Modes of Liability• Section 2: Direct Commission and Joint Criminal Enterprise• Section 3: Aiding and Abetting• Section 4: Command Responsibility

Marc Tiernan
Ph.D. Researcher,
University of Amsterdam

Nataliia Voitseshyna
Legal Consultant,
Pre-Trial Chamber, ECCCCOURSE 4: Investigative Practice at the ECCC
Exclusive Interview VideoYou Bunleng
Deputy President, Supreme Court of Cambodia | National Co-Investigating Judge, ECCC
Lessons and Sections

Lecturers

Lesson 1: Introduction to Evidence• Section 1: Types of Evidence• Section 2: Evidence Assessment and Corroboration• Section 3: Source Evaluation and Biases

Laura-Lou
MoreauLegal Counsel,
Civitas Maxima

Lesson 2: Fundamentals of Investigation• Section 1: Investigation at the ECCC
• Section 2: Key Investigative Principles• Section 3: Beginning the Investigation• Section 4: Drafting an Investigation Plan

Ajit Tiwana
Investigator
Police Officer
Retd.

Nivedha Thiru
Associate
Appeals Counsel,
International
Criminal Court

Lesson 3: Collecting and Preserving Documentary Evidence• Section 1: Collecting Documentary Evidence• Section 2: Chain of Custody• Section 3: Case Management
Lesson 4: Collecting Testimonial Evidence• Section 1: Introduction to Testimonial Evidence• Section 2: The PEACE Model (Part One)
• Section 3: The PEACE Model (Part Two)
• Section 4: Challenges and Gender Aspects in Interviewing

Brenda J. Hollis
International
Co-Prosecutor,
ECCC

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COURSE 5: Trial and Appellate Practice at the ECCC
Exclusive Interview VideoSong Chorvoin
Deputy Prosecutor, Phnom Penh Municipal Court | Former National Deputy Co-Prosecutor, ECCC
Lessons and Sections

Lecturers

Lesson 1: Preparing for Trial• Section 1: Fundamental Principles of Trial Preparation• Section 2: Case Study: Trial Preparation as a Defense Lawyer

Anta GuisséInternational Co-Lawyer, Case002 Defense Team, ECCC

Lesson 2: Opening and Closing Statements• Section 1: Advocating Your Case
• Section 2: Opening Statement• Section 3: Closing Statement

William Smith
International Deputy
Co-Prosecutor, ECCC

Lesson 3: Questioning Witnesses and Civil Parties• Section 1: Preparations for Questioning• Section 2: Question Types• Section 3: Presentation Tips and Objections• Section 4: Questioning Vulnerable Witnesses

Vincent de Wilde d’Estmael
Senior Assistant International
Prosecutor, ECCC

Lesson 4: Appeal Process• Section 1: Difference Between Trial and Appellate Stages• Section 2: Pre-Trial Chamber• Section 3: Supreme Court Chamber

So Mosseny
National Co-Lawyer, Case 004
Defense Team, ECCCCOURSE 6: Application of ECCC Law and Practice in the National Courts
Exclusive Interview Video
Ly Chantola
President, Bar Association of the Kingdom of Cambodia
Lessons and Sections

Lecturers

Lesson 1: Comparing Practices at the ECCC and National Courts• Section 1: Comparison: Pre-Trial• Section 2: Comparison: Trials and Appeals

Meas Bora
Lawyer and Law Lecturer

The biographies of all lecturers and interviewees are provided in the
Lecturer and Interviewee Biographies document, as well as in the syllabus ofeach course. The specified job titles are current as of September 2021.
Training
Utilizing the e-learning platform, lac also implemented two terms of a
12-week training program, along with a separate training of trainers (ToT)
throughout 2022. The programs combined synchronous (live) and asynchronous (self-study) learning that were both academic and clinical in nature, forlaw students, young lawyers, and young legal professionals in Cambodia.

Educating on the Khmer Rouge: Legal History and Practice e-Learning and Training Program 43

Discussion on Project Implementation
The e-learning platform was launched at the end of March 2022, and overseven months, there were over two hundred forty platform users and six
hundred eighty course enrollments, with the completion of over 4,600
sections across the seventy sections of the six e-learning courses. The vast
majority of users were under the age of 35 and based in Cambodia, whichwere the main target groups of the platform. Over half of the users either
completed or were pursuing a university degree, while almost half either
completed or were pursuing a graduate or post-graduate degree. The vast
majority of users were majoring in law and human rights, with quite a few
in international studies/relations and public administration, among various
other majors, and the vast majority were law students, lawyers, legal specialists, and educators, among various other occupations. The evaluation
forms submitted through the platform by the users have generally contained
positive feedback of the e-learning platform and courses, with words of appreciation for making these learning materials available to the public.
In addition, the first term of the separate twelve-week training program
was conducted from April to June 2022, and the second term was conductedfrom August to October 2022. A total of thirty-eight participants completed
the program, focused on Cambodian law students, young entry-level lawyers, and young legal professionals or trainees. On top of the completion of
the six e-learning courses following a pre-set curricular schedule, the participants also took part in weekly Q&A sessions, periodic check-ins, careertalks with legal practitioners and experts, live trainings on additional topics,
and extracurricular activities, including a mock trial exercise that took placeat the eccc courtroom and critical thinking assignments.
Furthermore, a ToT was conducted from August to September 2022,
where ten participants were provided with the opportunity to learn about
online teaching methodologies and to practice producing and altering content on a separate test Moodle platform that was developed for them. As
part of their practicum, they also had the chance to put their learnings into
practice by teaching a session at a university, as organized by the project
staff.
Through various partnerships and outreach efforts, the platform hasreached a wide audience. The Bar Association of the Kingdom of Cambodia
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legal trainees, and some universities considered providing credit to theirstudents, integrating parts of the program into their courses, or including
parts of the program as a way to satisfy the requirements for certain degrees. Various stakeholders from the government, United Nations agencies,
development partners, academic institutions, civil society organizations,and communities commended the platform for being the first of its kind in
Cambodia to impart legal knowledge, especially in a synthesized, comprehensible, and accessible manner. In addition, individuals assessed that theplatform was able to bring the eccc closer to the people in Cambodia andabroad, especially for law students, lawyers, and legal scholars, as well as forthe civil parties and other victim-survivors.
The project officially ended in November 2022, but the e-learning
platform has been sustained through the support of the Global Diligence
Alliance and the Amrin Law and Consultants Group.
Separately from this project, lac designed a six-month International
Law Fellowship Program in Cambodia utilizing the e-learning platform,
with the financial support of usaid. Ten fellows were selected to participate
in the program from January to June 2023. This program provided a platform
for academic learning, clinical training, career mentorship, and exchange toequip young Cambodians with the substantive, practical, and institutional
knowledge and skills needed to pursue a career in international law, either
internationally or domestically. The Fellowship Program drew on the experience of the eccc and its pursuit of justice and accountability against the
Khmer Rouge, so that the fellows could properly understand the court andits work. Furthermore, the clinical training provided practical exposure tolegal case and project work as would be conducted by a lawyer or legal professional, especially in international law. In addition, the career mentorship
opportunities enhanced the fellows’ understanding of the procedural andtechnical details of a career in international law, drawing on the experiencesof Cambodians and foreigners who have pursued this path. Through thisprogram, the fellows were placed at a better position to apply for jobs related
to international law in Cambodia or abroad, both in terms of qualifications
and the recruitment process. In addition, they were able to pursue their legal
careers in a more sensitized, informed, and competent manner as future
experts and leaders, with a proper understanding of the country’s past.

Educating on the Khmer Rouge: Legal History and Practice e-Learning and Training Program 45

Annex A. Legal History and Practice e-Learning and Training Program