ECCC Legal
Instruments
Law on Establishment of ECCC (promulgated Oct.27th 2004)
Agreement between UN and RGC (promulgated Oct. 19th 2004)
1966 International
Covenant on Civil and Political Rights
SOC Law on Criminal
Procedure (promulgated Mar. 8th 1993)
UNTAC Criminal Law and
Procedure (unofficial translation)
|
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
|
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 |
|
