Research and Writings

Nathan is researching in the field of International Law. During his time as a Fellow, his writings in this field have been featured and published by the Japan Times, the Khmer Rouge Tribunal, and the Saint Gallen Symposium. His Masters Dissertation Topic is focused on reparations for victims of international crimes. This will be updated with additional research and papers during Nathan's time at ICU.

Dissertation Research Topic

Residual Justice in Cambodia:

The Residual Functions of the Khmer Rouge Tribunal’s Contribution to Reparations for the Victims of the Khmer Rouge

Question:

To what extent have the Residual Functions of the Extraordinary Chambers in the Courts of Cambodia (ECCC)—through its mandate to protect victims, disseminate information, and enforce reparations—contributed to the fulfilment of the obligation under international law to provide reparations to victims of international crimes?

Summary:

This research will examine the role of the residual functions of the ECCC in fulfilling a state’s obligation under international law to provide reparations to victims of international crimes through the court’s mandate to "provide for the protection of victims and witnesses [. . .] disseminate information to the public regarding the Extraordinary Chambers; and monitor the enforcement of reparations awarded to Civil Parties, as required." By analyzing both completed and ongoing judicial and nonjudicial reparations projects, conducting interviews with members of the court and supporting organizations, assessing the ongoing needs reported by victims, and investigating the potential opportunities before the court, this research explores both the strengths and limitations of the approach taken by the ECCC. Despite legal and financial constraints, the ECCC has continued to introduce innovative pathways to repair the harm caused by the Khmer Rouge that extends beyond monetary compensation through “moral and collective” measures and effective collaboration with civil society and mental health organizations. In particular, the residual functions of the court offer a chance to both continue and expand the court’s reparatory measures and in doing so fulfil one of the most important functions of international criminal law in placing victims at the heart of justice and helping to alleviate the structural violence that remains long after the commission of international crimes.

Methodology:

In assessing the impact of the residual functions' contribution to the fulfilment of reparations for victims, this paper first provides a foundational background by tracing the purpose and evolution of the court and the modalities that it adopted to provide preparation. With this background in place, the paper then seeks to establish a baseline for what can be achieved in terms of reparations by examining the practices of other courts and non-judicial reparative mechanisms. This baseline is subsequently used to analyze the extent to which the 26 reparations projects have contributed to reparative efforts and, more critically, how the residual functions are currently contributing. The analysis draws on insight gathered from three months of fieldwork from August to November of 2024 conducted as an intern at the ECCC, including interviews with three survivors, five civil society organizations, and five members of the Victim Support Section (VSS) at the ECCC.