Extraordinary Chambers in the Courts of Cambodia (ECCC)

The Khmer Rouge Tribunal, officially known as the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea (ECCC), is a ‘mixed tribunal’ established conjointly by Royal Government of Cambodia and the United Nations. Trials, which should begin in 2007, will bring to court senior leaders of Democratic Kampuchea, and those most responsible for crimes committed during the Khmer Rouge regime (Apr. 17, 1975 – Jan. 6, 1979). So far, two ‘Suspects’ have been detained, Chhit Choeun (Ta Mok) and Kang Kek Ieu (Duch). Chhit Choeun (Ta Mok) died on July 20, 2006.

ECCC Subject Matter Jurisdiction

The ECCC will under Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia try ‘Suspects’ for the following crimes committed between April 17, 1975 and January 6, 1979.

Under 1956 Penal Code of Cambodia: 

• Homicide

• Torture

• Religious Persecution

Under international humanitarian law and custom, and international conventions recognized by Cambodia:

• Genocide

• Crimes against humanity

• Grave breaches of 1949 Geneva Conventions

• Destruction of cultural property

• Crimes against internationally protected persons

Source: Article 2, 3, 4, 5, 6, 7 and 8 of Law on Establishment of ECCC

ECCC Legal Instruments

Law on Establishment of ECCC (promulgated Oct.27^th 2004)

Agreement between UN and RGC (promulgated Oct. 19^th 2004)

1966 International Covenant on Civil and Political Rights

SOC Law on Criminal Procedure (promulgated Mar. 8^th 1993)

UNTAC Criminal Law and Procedure (unofficial translation)

Composition and Decisions of ECCC

The tribunal is set within the Cambodian court structure, consisting of a Trial Chamber and a Supreme Court Chamber (latter serving as an appeal and final instance chamber). The Trial Chamber will be composed of five judges (3 Cambodian and 2 International); the Supreme Court Chamber will consist of seven judges (4 Cambodian and 3 International). Every decision requires a “super-majority,” meaning an affirmative vote of at least four out of five judges in Trial Chamber, and at least five out of seven judges in the Supreme Court Chamber.

Source: Article 9 and 14 of Law on Establishment of ECCC

ECCC Rules of Procedure

The procedural rules of ECCC, including the indictment, arrest, and custody of ‘Suspects’, shall be in conformity with existing procedural laws of Cambodia: 1992 UNTAC Criminal Law and Procedure and 1993 SOC Law on Criminal Procedure. In several specific cases outlined in Law on Establishment of ECCC, the ECCC may consult internationally established procedural laws.   

The ECCC shall exercise its jurisdiction in conformity with Articles 14 and 15 of 1966 International Covenant of Civil and Political Rights.

Source: Article 33, 34, 35, 36 and 37 of Law on Establishment of ECCC