: Simon M. Meisenberg, Ignaz Stegmiller
: The Extraordinary Chambers in the Courts of Cambodia Assessing Their Contribution to International Criminal Law
: T.M.C. Asser Press
: 9789462651050
: 1
: CHF 202.20
:
: Internationales Recht, Ausländisches Recht
: English
: 614
: Wasserzeichen/DRM
: PC/MAC/eReader/Tablet
: PDF

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This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC).

The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC's hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence.


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Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.
The Extraordinary Chambers in the Courtsof Cambodia6
Foreword8
Contents10
Editors and Contributors12
Abbreviations17
1 Introduction: An Extraordinary Court19
Abstract19
Part I Assessing the History, Establishment, Judicial Independence and Legacy29
2 Trials and Tribulations: The Long Quest for Justice for the Cambodian Genocide30
Abstract30
2.1 Introduction31
2.2 Background32
2.2.1 The Long Process of Seeking Justice for the Khmer Rouge Crimes32
2.2.2 United Nations Acknowledgment35
2.2.3 The End of the Khmer Rouge36
2.2.4 The Law and Agreement on Establishment of the ECCC37
2.3 Key Features of the Extraordinary Chambers in the Courts of Cambodia38
2.3.1 Jurisdiction38
2.3.2 Structure39
2.3.3 Decisions40
2.3.4 Penalties, Amnesties and Pardons40
2.3.5 Procedure41
2.3.6 Administration and Expenses41
2.3.7 The Agreement Between the Royal Government of Cambodia and the United Nations41
2.4 Judicial Challenges42
2.4.1 Qualification of Crimes Prosecuted43
2.4.2 National Crimes43
2.4.3 Genocide44
2.4.4 Scope of the Trials45
2.4.5 Legal and Administrative Framework for Victim Participation47
2.5 Non-judicial Challenges51
2.5.1 The Ticking of the Clock51
2.5.2 Chronic Under-Funding52
2.5.3 The Tower of Babel56
2.5.4 The Crusade Against the ECCC by Human Rights Organisations57
2.6 Conclusion58
References61
3 Allegations of Political Interference, Bias and Corruption at the ECCC62
Abstract62
3.1 Introduction63
3.2 Structural Deficiencies and Political Interference63
3.3 Judicial Resignation in Response to Political Interference66
3.3.1 The Resignation of Judge Blunk67
3.3.2 The Resignation of Judge Kasper-Ansermet68
3.4 Allegations of Judicial Bias at the ECCC69
3.4.1 The Applicable Standard for Judicial Disqualification69
3.4.2 ECCC Case Law on Allegations of Bias71
3.4.2.1 Applications to Disqualify the Trial Chamber71
3.4.2.2 Applications to Disqualify Judge Marcel Lemonde73
3.4.2.3 Applications to Disqualify Judge Silvia Cartwright74
3.4.2.4 Application to Disqualify Judge You Ottara78
3.4.2.5 Application to Disqualify Judge Som Sereyvuth78
3.4.2.6 Application to Disqualify Judge You Bunleng79
3.4.2.7 Application to Disqualify Judge Ney Thol80
3.4.2.8 Application to Disqualify Judge Nil Nonn81
3.5 Allegations of Interference with the Administration of Justice82
3.5.1 Background and Legal Framework82
3.5.2 ECCC Case Law on Allegations of Political Interference82
3.5.2.1 Hun Sen’s Statements and the Presumption of Innocence82
3.5.2.2 Allegations of a Kickback Scheme and Other Interference83
3.5.2.3 The Alleged Actions of Judge Lemonde84
3.5.2.4 Allegations Against Foreign Minister Hor Namhong85
3.5.3 Discussion86
3.6 Impediments to the Judicial Process88
3.7 Concluding Remarks89
References91
4 The 1979 Trial of the People’s Revolutionary Tribunal and Implications for ECCC93
Abstract93
4.1 Introduction94
4.2 The Findings of the ECCC95
4.3 The Trial of Pol Pot and Ieng Sary at the People’s Revolutionary Tribunal97
4.3.1 Preparation of the Trial and Support of the East German Office of the State Prosecutor General97
4.3.2 Legal Basis of the PRT98
4.3.3 The Trial99
4.4 Compliance with Internationally Recognized Human Rights Standards100
4.4.1 Admissibility of Trials in Absentia100
4.4.1.1 Trials in Absentia in National Legal Systems100
4.4.1.2 Trials in Absentia and International Recognized Human Rights Standards102
The Human Rights Committee102
The European Court of Human Rights102
4.4.1.3 Trials in Absentia and International Criminal Jurisdictions103
4.4.2 Consequences for the 1979 Trial Against Pol Pot and Ieng Sary104
4.4.2.1 General Considerations104
4.4.2.2 Defence at the PRT105
4.4.3 Other Aspects106
4.4.3.1 Possible Bias of the Presiding Judge and Violation of the Presumption of Innocence106
4.4.3.2 Independence of the Lay Judges106
4.4.3.3 The Definition of Genocide in the PRT-Law107
4.4.3.4 Individual Criminal Responsibility108
4.4.4 Interim Result109
4.5 The Principle of Ne Bis in Idem and the Proceedings Against Ieng Sary at the ECCC110
4.5.1 General Considerations110
4.5.2 The Principle of Ne Bis in Idem at t