Judicial System in Cambodia: A Documentary Data Analysis from 2018 to 2021

ABSTRACT


INTRODUCTION
The main jobs of Cambodia's court, which is a key part of the country's constitutional government, are to give justice, protect people's rights, and support the rule of law [1].By studying many documentary sources, this piece thoroughly examines the Cambodian judiciary's development, successes, problems, and possible answers from 2018 to 2021.
The nation's colonial heritage and subsequent independence are closely linked to the historical evolution of the judiciary in Cambodia.In 1863, the French colonial era in Cambodia resulted in a substantial reorganization of the court by establishing new legal frameworks and establishments [2].Provincial and municipal courts were established to address various legal concerns due to attempts to reform the judiciary upon independence [3].
Resistance and flexibility in the face of historical obstacles have been among the main accomplishments of the Cambodian judiciary [4].Though the Khmer Rouge government destroyed everything in its path, including all legal institutions, Cambodia has rebuilt its court from the ground up [5].In this sense, a noteworthy turning point was reached with the creation of the Supreme Court and the Attorney General of the Supreme Court in the post-regime period [6].
However, many issues still confront the Cambodian court, chief among them being a financial and human resources shortage.The absence of judges, prosecutors, clerks, and bailiffs seriously hampered the judiciary's effective operation.The inadequate physical infrastructure of many courts also causes delays in the administration of justice and jail overcrowding [7].
Several steps can be taken to address these issues.First, deliberate recruiting and training initiatives are required to boost the number of judicial professionals.This will guarantee a more effective court procedure and assist in easing the present shortfall.Moreover, initiatives should enhance the courts' physical infrastructure, including creating new structures and supplying the required equipment [8].
In the end, Cambodia's court has come a long way.It has overcome many challenges to become essential to the country's government system.Much work still needs to be done to fix the court's problems.By focusing on changes and investing the money needed, Cambodia can make its judiciary even stronger and ensure it upholds the ideals of justice, fairness, and the rule of law.Providing justice, protecting people's rights, and supporting the rule of law are all very important jobs of Cambodia's court, which is an important part of the country's government.Its past is full of periods of change caused by imperial legacies, reforms after freedom, and how things are now in society and politics [9].Through careful document analysis, this study piece aims to give an in-depth look at the Cambodian judiciary's history, achievements, problems, and suggested solutions.To reach this goal, the study will look at the Cambodian judiciary's history in detail, including its formation, reorganization, and reconstruction after the conflict.It will also look at the current structure and workings of the Cambodian judiciary, explaining the roles and responsibilities of its different sections and special courts.By looking into these topics, the study aims to fill in gaps in the current research on the Cambodian judiciary's historical growth and operating framework.

Literature Review of the Current Study
Delivering justice, protecting people's rights, and supporting the rule of law are all huge jobs the Cambodian court has to do as an essential part of the country's government.It has changed a lot over the years because Cambodia has had a rough past with colonial effects, political unrest, and rebuilding efforts after wars.This piece aims to look into the many sides of the Cambodian judiciary by looking at its history, current problems, and possible ways to make changes by looking at a lot of research literature and watching many documentaries [3].
Before you can understand how the Cambodian court has changed, you need to look at its history, which goes back to when France ruled Cambodia as a colony.During this time, the French established a legal system that combined Western legal ideas with native Cambodian practices.This set the stage for the modern justice system.Colonialism, on the other hand, left behind structural flaws and unfairness that still affect how the judiciary works today [10].
Formation of fresh legal entities alongside crafting legislation grounded upon civil law principles counted among actions embraced to bring modernity and revamping to judiciary systems within Cambodia, succeeding national sovereignty attainment in 1953 [11].Nevertheless, autocratic rule and political turmoil habitually cloaked these advances, eroding judicial sovereignty and imperiling legal order [12].
A most destructively horrible strike on the Cambodian judicial system came in the epoch of Khmer Rouge [13], which, in an ordered manner, dismantled legal establishments and aimed at legal practitioners, resulting in the loss of immeasurable lives and a situation of near destruction of legal system [10].Consequently, after the era of the Khmer Rouge, Cambodia started embarking on a lengthy and challenging journey of after-conflict rebuilding, including the striving to reconstruct the judiciary starting from nothing [14].
Commencing in the inaugural years of the 1990s epoch, monumental strides have been effectuated in the resuscitation of the Cambodian juridical system, facilitated by the assistance of the global communal conglomeration [15].Central milestones encompass the statement of novel legal institutional structures, the indoctrination of judicial figures and law-oriented professionals, and the promulgation of statutes to fortify the precepts of legal rule and safeguard humanitarian rights.Yet, an assortment of difficulties remains, perennially imperiling the operational efficacy and the authoritative reliability of the judiciary [16].
A considerable pressing challenge confronting the judiciary of Cambodia manifests as a matter of independence in judicial capacities [17].Although statutory provisions enshrine the autonomy of judicial proceedings, the judiciary persistently confronts coercion from executive governance and other influential entities, eliciting apprehensions about the equitability and enforcement of legal standards.Moreover, the endemic issue of corruption ubiquitously permeates the judicial fabric, eroding the public's trust and assurance in the systemic legal mechanisms [18].
Another significant hardship is the deficiency of entry to justice, especially pertinent to marginalized and vulnerable populations.Many Cambodians, especially those dwelling in rural localities, encounter impediments such as exorbitant legal expenses, linguistic impediments, and a palpable unawareness concerning their entitlements.Consequently, the pursuit of redressal for grievances or holding wrongdoers to account remains largely unreachable for them [19].
Moreover, the Cambodian judiciary grapples interminably with perennial resource scarcities, including insufficiencies in qualified judges and court personnel, inadequate financial support, and anachronistic infrastructure.These constraints critically encumber the judiciary's competence in adjudicating cases efficaciously, culminating in protracted delays and case accumulations [20].
The entire historical metamorphosis of Cambodia's judiciary delineates a convoluted narrative that mirrors the nation's tumultuous history and unceasing pursuit of justice and legal order.Traversing from colonial rule epochs to post-independence nationbuilding tribulations and post-conflict rehabilitation, Cambodia's judiciary has steered through innumerable upheavals and transformations [21].Scholars, notably Sokhna Khadidja Samb and Kheang Un, have rendered invaluable elucidations on the interplay between historical legacies and the evolution of Cambodia's legal and judicial frameworks.Their investigations elucidate the persistent influence of French colonialism on Cambodia's legal system, embedding elements of civil law and judicial hierarchy that perpetuate their impact on the judiciary contemporarily [22].
Throughout the colonial era, the imprint on Cambodia's legal architecture was profoundly delineated by the imposition of French legal norms, incorporating codified legislation, legal centralization, and judicial stratification.This epoch witnessed the establishment of judicial institutions and courts that mirrored the French system, helmed by French-trained magistrates.Although these reforms endeavored to modernize Cambodia's legal apparatus, they concurrently established foundations for a judiciary perceived as distant often and inaccessible to average citizens, particularly in rural areas [9].
The turbulent years in Cambodia after independence in 1953 significantly witnessed challenges to the judiciary's integrity and sovereignty.The political instability during the country period, coupes including unrest and civil and external interference, undermined the rule of law and public trust in the judiciary.Khmer Rouge regime, which in 1975 seized power, perpetrated widespread atrocities and systematically dismantled the legal system and the legacy of violence, leaving trauma and institutional collapse behind [17].
In the aftermath of the Khmer Rouge regime, Cambodia embarked on a long, arduous journey of post-conflict reconstruction and legal reform.Establishing the Extraordinary Chambers in Courts of Cambodia (ECCC), Khmer, known as Tribunal Rouge, also represented a significant milestone in addressing atrocities and delivering justice to victims.However, ECCC's scope and jurisdiction are limited, and challenges related to funding, building capacity, and political interference, complexities enduring underscored post-conflict of achieving accountability reconciliation societies [23].
The Judiciary of Cambodia faces many complex challenges.Although there has been significant progress in rebuilding judicial institutions and strengthening legal frameworks, the judiciary is still struggling with corruption, political meddling, biased judges, and hard-to-get justice for poor people.Many holes in human resources, bad infrastructure, and lacking institutional capacity all make it hard for the judiciary to give justice quickly and well [24].
In Cambodia's messy past, with colonial rule, independence fights, and after-war rebuilding, reforms after gaining independence look like a hope for fixing the judiciary [25].Smart people like Kimly Ngoun and H.E. Sean Visoth give good thoughts on the judiciary's problems and what good can be done post-independence.They say human resource development, fixing infrastructure, and changing laws are very important to strengthen the judiciary and regain public trust.Kimly Ngoun's research shows that growing the skills of judiciary people is very important for making them better at their jobs.Training programs and building capacity help give judges, prosecutors, lawyers, and court workers the necessary skills, knowledge, and ethics.Ngoun says there should always be professional development just for each judiciary role's needs, ensuring they can uphold the law and give justice to Cambodians.
Similarly, the study of H.E. Sean Visoth demonstrates the need for infrastructure repair.Jus continues to be important as a basic principle incorporated into international standards legally and the Cambodian constitution, even in upgrading court infrastructure and accessibility of legal assistance throughout the country.Still, few resources, outdated infrastructure, and the challenges presented by various geographic regions continue to be major barriers for petitioners wishing to seek reparations through legal channels.Visoth's investigative corpus supports the financial infusion into judicial infrastructure, which means building new courthouses, remodeling existing ones, and using modern technology to streamline court procedures and improve service delivery systems.Cambodia stands to improve just access, reduce case backlogs, and promote accountability and transparency in legal frameworks by strengthening the physical infrastructure of the court.
In addition, it must be noted that legislative reformation is of gigantic significance in fortifying the legal corpus overseeing the Cambodian judicial apparatus and ensuring its autonomy, impartiality, and efficacy.The jurisprudence experts, alongside legislative designators, have pinpointed lacunae and discordance within Cambodia's legislative and regulatory scaffolding, which diminish the judiciary's capabilities to administrate justice equitably and with clarity.Addressing such deficiency necessitates an expansive legislative overhaul to bolster judicial self-governing, amplify accountability framework, and shield the prerogative of plaintiffs and defendants.Enacting statutes that perpetuate the ethos of legal supremacy, procedural fairness, and fundamental human rights permits Cambodia to construct a legal edifice that engenders public trust and reassuring in the judiciary [26].
Despite the post-independence rectification aimed at rejuvenating and amending the Cambodian judicial institution, substantial impediments remain, casting doubt upon its effectiveness and fair-mindedness.With exhaustive documentation, scholars have unearthed entrenched issues such as judicial case backlogs, constrained access to justice, and apprehension regarding judicial sovereignty and corruption.The ubiquity of such encumbrance highlights the formidable ordeal of ensuring that the judiciary can impart timely and impartial justice to all citizens of Cambodia, particularly those from marginalized sections disproportionally impacted by systemic inadequacy [24].
Moreover, the present Cambodian judiciary's stratified compositions and operational mechanics invite further complications.Constituted by multiple echelons, including the initial trial chamber, appellate tribunal, and the Supreme Court, each with a specialized division handling varied cases, the judiciary's organizational schematic is a labyrinth.The scholars have thoroughly examined these edifices and bestowed recognition on their work modalities, power boundaries, and impediments to gaining uniformity and clarity in judicial actions.The study sheds light on complex overlaps of legal rules, organization deeds, and societal-political forces shaping the works of the judiciary [27].In tackling these matters, scholars suggest a variety of fixes and changes targeting to strengthen the Cambodian judicial branch and enhance justice reachability for all people.Capacity-augmenting plans, which empower judicial employees with the necessary skills and know-how for efficacious justice provision, are seen as essential measures.Additionally, physical structure enhancements such as court building upgrades and expansion of legal service access are considered vital for improving judicial performance and raising public certainty in the legal system.Lawmaking adjustments, addressing gaps in statutory rules, and overseeing judicial workers and methods are also key to boosting the judiciary's honesty and answerability [28].
Nevertheless, there are many obstacles to implementing their reforms, which inherently demand relentless political drive, institutional alignment, and global backing.Political meddling, deep-rooted corruption, and resource scarcity form significant hurdles to reform endeavors, greatly complicating the judiciary's enhancement efforts and the progression of the rule of law in Cambodia.The ongoing shadow of historical wrongdoings and conflict legacy further daunt the legal and judicial framework, thus proclaiming the necessity of extensive and sustained action to rectify bygone atrocities and promote reconciliation [10].
Briefly, despite the Cambodian judiciary's progress visible in post-conflict overhaul and reform initiatives, substantial hardships still plague it, encumbering its efficiency and credibility.Academics' considerations yield crucial awareness of such issues, emphasizing the sophistications of the judiciary's structural architecture, procedural dynamics, and institutional bottlenecks.Henceforth, integrated undertakings are required to correct systemic failings, bolster judicial autonomy and integrity, and widen justice access, which is indispensable for cultivating a legal network that upholds the law's sovereignty and shields the rights of all Cambodian nationals [29].
Touching on the challenges pinpointed, some recommendations could be drafted.First, a persistent allocation to uplifting human resources within the judiciary becomes necessary.This involves rolling out thorough instructional schemes for judges, prosecutors, and court crew to amplify their jurisprudential understanding, case-handling prowess, and moral behavior.Over and above, initiatives are to enlist and retain adept personnel, explicitly in understaffed locales, to mitigate distress from workforce deficits and upgrade the caliber and promptness of judicial deliverables [30].Following that, enhancing physical infrastructure is vital for revamping court premises, intensifying capabilities technologically, and broadening entry to justice.Possibly, this involves revamping old court premises, furnishing them with contemporary conveniences and technological innovations, and establishing novel court branches in regions lacking service to ensure geographical accessibility.Additionally, spending on digitalization and systems for e-filing can make court tasks more efficient, diminish paperwork, and allow for remote hearings, thus raising efficiency and clarity in judicial proceedings [30].
Thirdly, legislative reforms to cover omissions in statutory regulations managing judicial vocations and processes are necessary.This requires introducing all-encompassing laws to ensure judicial independence, bolster ethics and accountability in the judiciary, and simplify legal processes for quicker case resolutions.Additionally, striving to elevate societal knowledge regarding legal rights and processes via legal literacy projects and initiatives reaching out to the community is essential, thus enabling the populace to access justice and hold judicial entities accountable [31].
International cooperation and backing for further judicial reform attempts in Cambodia are crucial.The global community can offer technical advisory, monetary support, and capability enhancement programs to fortify the judiciary's structural strength, advocate good administration, and defend human rights benchmarks.Moreover, global bodies and non-governmental organizations can significantly contribute by observing judicial practices, urging reforms, and fostering accountability and openness within the legal framework.
Executing these proposals collectively and collaboratively will aid Cambodia in surmounting its judiciary issues and constructing a legal framework that exudes transparency, efficacy, and accountability.Ultimately, this will nurture public faith and assurance in the judiciary, sustain the rule of law, and advance social equity and human rights.Privileges are intended for every individual who possesses Cambodian citizenship.
Thus, concluding thoughts lead to an observation that the Cambodian system of courts is at a notably critical point as it wrestles with bygone legacies, modern-day difficulties, and its desire for transformation.Using erudite exploration and examination of documented materials, scholars have illuminated the judiciary's path of progression and triumphs alongside its perpetuating struggles.Progressing henceforth, collective endeavors are paramount to tackling the ingrained issues afflicting the judiciary, maintaining the supremacy of law, and guaranteeing uniform availability of judicial services for every Cambodian individual.Through cooperative measures and decision-making grounded in evidence, Cambodian judiciary institutions can fulfill their utmost potential as fundamental elements of democratic and judicial practice.

Research Objectives
There are two research objectives in this study.They are as follows.
1. To comprehensively examine the historical evolution of the Cambodian judiciary, including its establishment, restructuring, and post-conflict reconstruction phases.2. To analyze the hierarchical structure and operational dynamics of the contemporary Cambodian judiciary, elucidating the roles and functions of its constituent bodies and specialized chambers.

Research Questions
This study aims to answer the following questions to meet the above objectives.
1. What were the key historical milestones in the evolution of the Cambodian judiciary, and how did colonial rule, independence movements, and post-conflict reconstruction efforts influence its development?2. How does the contemporary Cambodian judiciary's hierarchical structure and operational framework facilitate the adjudication of diverse categories of cases, and what are the roles and functions of its constituent bodies and specialized chambers?

METHOD
This study used documentary analysis, a planned way to examine and make sense of video data to learn more about a certain topic.For this method to work, legislative papers, historical records, government reports, and statistical information about the Cambodian judiciary must be carefully examined.Several steps in the research process are meant to give you a full understanding of the subject: choosing documents, collecting data, analyzing it, interpreting it, and putting it all together.
• Selection of Documents: A comprehensive search is conducted to identify pertinent legislative documents, historical records, official reports, and statistical data related to the Cambodian judiciary.• Data Collection: Relevant documents are gathered and organized systematically to facilitate analysis and interpretation.• Data Analysis: Documentary analysis is employed to extract key information, discern patterns, and identify trends within the collected documents.• Interpretation and Synthesis: The analyzed data are interpreted within the historical context of the Cambodian judiciary's evolution and contemporary challenges, synthesizing findings to offer insights and recommendations.

Results
This section presents the results of the current study through the documentation of various sources about the judicial systems in Cambodia.Figure 1 is an example of the documents consulted, and some other documents consulted are attached in the appendix.Additionally, the scrutinization distinctly elucidates the hierarchical structuring and the operational framework of the modern-day Cambodian judiciary system, which necessarily embodies the Trial Chamber, otherwise termed the First Instance, the Court of Appeal, and the Supreme Court.Within these judicial tiers, one finds specialized chambers adjudicating a broad spectrum of case categorizations, extending from criminal prosecutions to intricate commercial litigations.(Documentation 2)

Discussion
The things found from a big look at the Cambodian court system show good things and big problems affecting its structure.A big win is making courts nationwide, showing the government wants more people to get justice and legal help.This spread-out way of judicial services helped more people get legal aid and lowered justice problems for faraway or ignored areas.Also, how the judiciary handles criminal cases shows it's good at dealing with tough legal issues and keeping law and order amid societal problems.
But, among these wins, big problems keep hurting the Cambodian judiciary, making it hard to work well and fairly.A big problem is not having enough people, like judges, prosecutors, and court staff, which makes it hard for the judiciary to handle cases quickly and well.This lack makes cases pile up and get delayed, lowering the quality and fairness of court decisions and hurting public trust in the legal system.
Another big problem is that old structures are hurting the Cambodian judiciary.Despite efforts to improve court buildings and use more technology, many courts still have inadequate facilities, old equipment, and insufficient resources to work well.Bad courtroom conditions, no safe places for evidence, and limited access to legal databases hurt the judiciary's ability to have fair and clear trials, making it harder for justice in Cambodia.
Also, the lack of rules for judicial jobs creates a huge problem for the Cambodian judiciary's ability to work effectively.Engaging in the elevation of professional standards and the enhancement of accountability within the judiciary.In contrast to judges and prosecutorial figures, who are bound by distinct regulations and statutes, those occupying other roles, such as court clerks and legal assistants, reside within an ambiguous domain devoid of explicit guidelines or supervision.The absence of prescribed protocols deleteriously impacts said positions' professional etiquette and ethical soundness, thereby engendering potential for errors and wrongdoings within the judicial apparatus.
Handling these crucial disruptions necessitates an approach replete with multiple components, encompassing financial allocations toward personnel, physical infrastructure enhancements, and organizational modifications meticulously aimed at augmenting the competence and integrity of the Cambodian legal framework.Elevating strategies for recruiting and retaining judicial personnel, encompassing judges, prosecutors, and court administrative staff, remains pivotal for tackling manpower deficiencies and ameliorating the quality and efficiency of judicial services rendered.Moreover, concentrating on augmenting physical infrastructure, for instance, refurbishing courthouse amenities and investing in technological systems, coupled with bolstering security mechanisms, shall mitigate the operational predicaments faced by courts and foster a fair and transparent judicial procedure.
Besides, establishing comprehensive legal regulations to monitor all legal professions, including clerical court roles and legal support staff, is indispensable for upholding uniform standards of professionalism, righteousness, and accountability across the legal system.Instituting distinct guidelines for recruitment, certification, and conduct, alongside enforcing punitive measures and oversight, could enhance public confidence and trust in the ethical fortitude of judicial proceedings and their outcomes.
In summary, despite the notable progress witnessed within the Cambodian judicial system in legal assistance provision and criminal case management, perennial challenges undermine its efficiency and equity, such as staff limitations, resource inadequacies, and regulatory voids.Surmounting these impediments mandates a synergistic partnership amongst governmental figures, judicial entities, civic organizations, and international allies to enact strategic reforms that bolster the judiciary's efficacy, knowledge base, and transparency.Through unwavering efforts, the Cambodian legal system can emerge as a bedrock of democracy and justice within the nation.The exertion of commitment combined with the cooperative synergy encompasses a group dynamic.

CONCLUSION AND RECOMMENDATIONS
In sum, the broad documentary scrutinization delineated in this scholarly inquiry bestows invaluable discernments into the historical evolution, contemporary predicaments, and prospective resolutions internal to the Cambodian judicature.Via a meticulous dissection of historical records, juridical documents, and academic treatises, we have charted the judicature's voyage from its colonial inception to its extant function in postconflict restitution and juridical reformation.This intricate cognizance of the judiciary's maturation accentuates the convoluted interaction of historical inheritances, political disruptions, and socio-economic determinants that have sculpted its course through temporal progression.
Anticipating future difficulties and remedying the persistent conundra beleaguering the Cambodian judicature necessitates uninterrupted synergisms and preemptive stratagems from gubernatorial echelons, juridical entities, societal civility organizations, and global stakeholders.Foremost, endeavors must be channeled towards ameliorating systemic debilities that subvert the judicature's efficacy, transparency, and neutrality.This enunciates the necessity of addressing aspects such as human resource diminutiveness, infrastructural insufficiencies, and regulative lacunae that obstruct the provision of punctual and impartial adjudication.
Deliberate investments in human resource enhancements are quintessential to augment the judicature's proficiency and professionalism.This encapsulates enlisting and sustaining adept adjudicators, prosecutorial agents, and court personnel concurrently with dispensing perpetual instruction and professional improvement to certify adeptness and ethical comportment.Furthermore, stratagems should be instated to diversify the judicature's human composition and foster gender egalitarianism and inclusivity within its echelon.
Infrastructure augmentations are of equal import to contemporize judicial amenities, ameliorate technological endowments, and elevate justice accessibility for the citizenry at large.Allocating resources to state-of-the-art courtroom apparatus, digitized case stewardship systems, and fortified evidence archival is indispensable.Facilities facilitate streamlining of judicial processes, the reduction of case backlogs, and enhancing comprehensive efficiency and transparency in the legal system.Further, enacting allencompassing legal reforms to fortify regulatory frameworks governing judiciary actuality is crucial.This inclusivity is about establishing obvious statutory regulations alongside professional standards designated for all judicial professions, encompassing court clerks, legal assistants, and other kinds of support staff.The robust mechanisms for oversight, which would also encompass accountability and include even disciplinary action, can desirably safeguard against the emergence of corruption, legal malpractice, and general abuse within the judicial structure.
In adjunct to the immediate challenges that require addressing, the Cambodian judiciary must also take on long-term strategies to nurture judicial independence, integrity, and public trust.This implies fostering a culture imbued with transparency, accountability, and measures of responsiveness within judicial institutions, advocacy for civic education, and legal literacy initiatives, which empower citizens to understand and exercise their rights.
In conclusory remarks, the implementation of these measures above, with recommendations put into effect, can lead Cambodia towards an increase in transparency, efficiency, and equity within the justice quotient system designed to instill public confidence, uphold the rule of law, and propagate social justice comprehensively for its populace.Through sustained collaborations and reform commitments, the capability of the Cambodian judiciary to fulfill its essential role as a democracy and justice cornerstone within Cambodia forms a reality, ensuring that fairness, accountability, and respect for human rights principles are maintained throughout successive generations.

Figure 1 .
Figure 1.The Organization of the Extraordinary Chambers in the Court of Cambodia

Figure 2 .
Figure 2. History and the Creation of the Cambodian Judicial Systems