By Simon M. Meisenberg, Ignaz Stegmiller
This publication is the 1st complete learn at the paintings and functioning of the intense Chambers within the Courts of Cambodia (ECCC).
The ECCC have been proven in 2006 to convey to trial senior leaders and people so much chargeable for severe crimes devoted lower than the infamous Khmer Rouge regime. confirmed by means of family legislations following an contract in 2003 among the dominion of Cambodia and the UN, the ECCC’s hybrid gains offer a special process of responsibility for mass atrocities. The booklet involves an research of the paintings and jurisprudence of the ECCC, supplying a close evaluation in their legacies and contribution to foreign felony legislations. the gathering, containing 20 chapters from major students and practitioners with inside of wisdom of the ECCC, speak about the main urgent subject matters and its implications for foreign felony legislations. those contain the institution of the ECCC, subject material crimes, joint felony company and procedural features, together with questions concerning the attempting of frail accused people and the admission of torture statements into evidence.
Simon M. Meisenberg is an Attorney-at-Law in Germany, previously he used to be a felony consultant to the ECCC and a Senior felony Officer on the specified courtroom for Sierra Leone. Ignaz Stegmiller is Coordinator for the overseas courses of the college of legislations on the Franz von Liszt Institute for foreign and Comparative legislations, Giessen, Germany.
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Additional resources for The Extraordinary Chambers in the Courts of Cambodia: Assessing Their Contribution to International Criminal Law
See also An Introduction to the Khmer Rouge Trials (Phnom Penh: Secretariat for the Task Force for the Khmer Rouge Trials, 2004). 32 H. Jarvis time. Judges from civil law systems, who were used to Civil Parties even in mass crimes, were equally adamant that the ECCC had to accommodate Civil Parties, as it had no power to limit rights that are clearly and unambiguously provided under Cambodian criminal procedure, so it seemed inevitable that some compromise would emerge, providing a limited form of victim participation and claims for reparations.
4 Scope of the Trials On 22 September 2011 the Trial Chamber announced that, in order to speed up proceedings, Case 002 would be severed into five parts in chronological sequence, to be tried and adjudicated with the judgment on each trial to be issued in turn. The first trial (Case 002/01) would deal only with the first and second forced movements of population and the related charges of crimes against humanity, although it also considered the roles of the Accused in the Democratic Kampuchea regime, including the establishment and implementation of the regime’s policies relevant to the charges set out in the Closing Order.
Further, she opined that prosecuting these suspects is beyond the 43Decision on the Co-Prosecutors’ Immediate Appeal of the Trial Chamber’s Decision Concerning the Scope of Case 002/01, Nuon Chea and others (002/19-09-2007/ECCC-E163/5/1/13), Supreme Court Chamber, 8 February 2013; Decision on Immediate Appeals of the Trial Chamber’s Second Decision on Severance of Case 002, Nuon Chea and others (002/19-09-2007/ECCC-E284/417), Supreme Court Chamber, 23 July 2013; Trial Chamber Memo to the Director of Administration, Nuon Chea and others, (002/19-09-2007-ECCC-E301/4), Trial Chamber, 20 December 2013.
The Extraordinary Chambers in the Courts of Cambodia: Assessing Their Contribution to International Criminal Law by Simon M. Meisenberg, Ignaz Stegmiller