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 andprocedural aspects, including questions regarding the trying of frail accused persons and the admission oftorture statements into evidence.
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.
Table of Contents
Introduction: An Extraordinary Court.-Trials and Tribulations: The long Quest for Justice for the Cambodian Genocide.- Allegations of Political Interference, Bias and Corruption at the ECCC.- The 1979 Trial of the People’s Revolutionary Tribunal and Implications for ECCC.- Expectations, Challenges andof the ECCC.- The Legacy of the ECCC.- The Duch Case: The ECCC Supreme Court Chamber’s Review of Case 001.- The Case 002/01 Trial Judgment: A Stepping Stone from Nuremberg to the Present?.- The Theory of Joint Criminal Enterprise at the ECCC: A Difficult Relationship.- Legal Constraints in the Interpretation of Genocide.- Forced Transfer and Customary International Law: Bridging the Gap between Nuremberg and the ICTY.- Issues of Sexual and Gender-Based Violence an the ECCC.- The Grave Breaches Charges at the ECCC: An Analysis of International Humanitarian Law in the Duch Case.- Past Crimes and the Effect of Statutory Limitations on the ECCC.- Trial Process at the ECCC: The Rise and Fall of the Inquisitorial Paradigm in International Criminal Law?.- Managing Enormous Mass Crimes Indictments: The ECCC Severance Experiment.- Frail Accused and Fitness to Stand Trial.- The Admission of Torture Statements into Evidence.- Recognizing the Limits of Victims Participation: A Comparative Examination of the Victim Participation Schemes at the ECCC and the ICC.- Legal Developments of Civil Party Participation at the ECCC.
What People are Saying About This
“The editors’ systematic approach grants genuine access to the history of this extraordinarycourt and its achievements in developing further substantive and procedural internationalcriminal law … . Impressive contributors reflect the role and in part changing opinion ofjudges and counsel working in this different environment. … This book is a must for allopen-minded practitioners, scholars and young professionals in International Criminal Law.” (Professor Wolfgang Schomburg, former Judge at the ICTY and ICTR)
“This volume of essays shows how the ECCC has struggled with the challenges and in varyingmeasure has succeeded in creating a jurisprudence of global significance ... .” (Stephen J. Rapp, former international prosecutor and, former US ambassador-at-large for global criminal justice)