Decision on appeal against Closing Order indicting Kaing Giel Eav aka "Duch" : commentary

    Research output: Chapter in Book / Conference PaperChapter

    Abstract

    When the Closing Order indicting Kaing Guck Eav (‘Duch’) was issued, it appeared that the same fate of the SCSL would befall the ECCC. Despite the Co-Investigating Judges conceding that the acts in question constituted murder and torture under the applicable Cambodian law, they refused to indict the accused with these offences, but instead indicted him for inter alia murder/wilful killing and torture as crimes against humanity and grave breaches of the Geneva Conventions (1949). Perhaps more concerning was that the reasoning behind this decision appeared to preclude national crimes ever being considered at the ECCC. By appealing the Closing Order on this matter, the Co-prosecutors provided the Pre-Trial Chamber with the opportunity to consider in detail, for the first time, the relationship between substantive domestic and international crimes that are based upon the same factual matrix, and in particular what approach a court should take where the crimes in question appeared to overlap.
    Original languageEnglish
    Title of host publicationAnnotated Leading Cases of International Criminal Tribunals. Volume 43: Extraordinary Chambers in the Courts of Cambodia (7 July 2007 - 26 July 2010)
    EditorsAndré Klip, Steven Freeland
    Place of PublicationBelgium
    PublisherIntersentia
    Pages731-745
    Number of pages15
    ISBN (Print)9781780681979
    Publication statusPublished - 2015

    Keywords

    • cases and materials
    • Extraordinary Chambers in the Courts of Cambodia

    Fingerprint

    Dive into the research topics of 'Decision on appeal against Closing Order indicting Kaing Giel Eav aka "Duch" : commentary'. Together they form a unique fingerprint.

    Cite this