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 language | English |
---|---|
Title of host publication | Annotated Leading Cases of International Criminal Tribunals. Volume 43: Extraordinary Chambers in the Courts of Cambodia (7 July 2007 - 26 July 2010) |
Editors | André Klip, Steven Freeland |
Place of Publication | Belgium |
Publisher | Intersentia |
Pages | 731-745 |
Number of pages | 15 |
ISBN (Print) | 9781780681979 |
Publication status | Published - 2015 |
Keywords
- cases and materials
- Extraordinary Chambers in the Courts of Cambodia