The Extraordinary Chambers in the Courts of Cambodia : Assessing Their Contribution to International Criminal Law
Simon M. Meisenberg
Bok Engelsk 2016 · Electronic books.
| Annen tittel | |
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| Medvirkende | |
| Utgitt | The Hague : Asser Press , cop. 2016
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| Omfang | 1 online resource (614 p.)
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| Opplysninger | Description based upon print version of record.. - The Extraordinary Chambers in the Courtsof Cambodia; Foreword; Contents; Editors and Contributors; Abbreviations; 1 Introduction: An Extraordinary Court ; Abstract ; Part I Assessing the History, Establishment, Judicial Independence and Legacy; 2 Trials and Tribulations: The Long Quest for Justice for the Cambodian Genocide ; Abstract ; 2.1 Introduction; 2.2 Background; 2.2.1 The Long Process of Seeking Justice for the Khmer Rouge Crimes; 2.2.2 United Nations Acknowledgment; 2.2.3 The End of the Khmer Rouge; 2.2.4 The Law and Agreement on Establishment of the ECCC. - 2.3 Key Features of the Extraordinary Chambers in the Courts of Cambodia2.3.1 Jurisdiction; 2.3.2 Structure; 2.3.3 Decisions; 2.3.4 Penalties, Amnesties and Pardons; 2.3.5 Procedure; 2.3.6 Administration and Expenses; 2.3.7 The Agreement Between the Royal Government of Cambodia and the United Nations; 2.4 Judicial Challenges; 2.4.1 Qualification of Crimes Prosecuted; 2.4.2 National Crimes; 2.4.3 Genocide; 2.4.4 Scope of the Trials; 2.4.5 Legal and Administrative Framework for Victim Participation; 2.5 Non-judicial Challenges; 2.5.1 The Ticking of the Clock; 2.5.2 Chronic Under-Funding. - 2.5.3 The Tower of Babel2.5.4 The Crusade Against the ECCC by Human Rights Organisations; 2.6 Conclusion; References; 3 Allegations of Political Interference, Bias and Corruption at the ECCC ; Abstract ; 3.1 Introduction; 3.2 Structural Deficiencies and Political Interference; 3.3 Judicial Resignation in Response to Political Interference; 3.3.1 The Resignation of Judge Blunk; 3.3.2 The Resignation of Judge Kasper-Ansermet; 3.4 Allegations of Judicial Bias at the ECCC; 3.4.1 The Applicable Standard for Judicial Disqualification; 3.4.2 ECCC Case Law on Allegations of Bias. - 3.4.2.1 Applications to Disqualify the Trial Chamber3.4.2.2 Applications to Disqualify Judge Marcel Lemonde; 3.4.2.3 Applications to Disqualify Judge Silvia Cartwright; 3.4.2.4 Application to Disqualify Judge You Ottara; 3.4.2.5 Application to Disqualify Judge Som Sereyvuth; 3.4.2.6 Application to Disqualify Judge You Bunleng; 3.4.2.7 Application to Disqualify Judge Ney Thol; 3.4.2.8 Application to Disqualify Judge Nil Nonn; 3.5 Allegations of Interference with the Administration of Justice; 3.5.1 Background and Legal Framework; 3.5.2 ECCC Case Law on Allegations of Political Interference. - 3.5.2.1 Hun Sen's Statements and the Presumption of Innocence3.5.2.2 Allegations of a Kickback Scheme and Other Interference; 3.5.2.3 The Alleged Actions of Judge Lemonde; 3.5.2.4 Allegations Against Foreign Minister Hor Namhong; 3.5.3 Discussion; 3.6 Impediments to the Judicial Process; 3.7 Concluding Remarks; References; 4 The 1979 Trial of the People's Revolutionary Tribunal and Implications for ECCC ; Abstract ; 4.1 Introduction; 4.2 The Findings of the ECCC; 4.3 The Trial of Pol Pot and Ieng Sary at the People's Revolutionary Tribunal. - 4.3.1 Preparation of the Trial and Support of the East German Office of the State Prosecutor General. - 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. 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.
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| ISBN | 9789462651043
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