The International Criminal Law Bureau : Blog

ECCC Update: Duch Verdict and Sentencing – Duch Appeal – Case 002: Genocide Indictment sought – Decisions on Admissibility of Civil Parties

ECCC Updates by Jenny Kelleher
Duch’s verdict and sentencing
On July 26 2010, the Extraordinary Chambers in the Courts of Cambodia (ECCC) found Kaing Guek Eav, better known as Duch, guilty of war crimes and crimes against humanity, making him the first Khmer Rouge defendant to be brought to justice. Duch, who ran the infamous Tuol Sleng [...]

Kaing Guek Eav (Duch) convicted of crimes against humanity and grave breaches of the Geneva Conventions of 1949 at the ECCC

The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) today found Kaing Guek Eav alias Duch guilty of crimes against humanity and grave breaches of the Geneva Conventions of 1949 and sentenced him to thirty-five years of imprisonment. Following an earlier decision of the Chamber of 15 June 2009, the Chamber [...]

ECCC Update: Date set for Duch Verdict – PTC Rules on JCE – Provisional Detention Appeals Dismissed

ECCC Updates by Jenny Kelleher:
Duch verdict to be announced on 26th July 2010
The ECCC has set the date for the verdict in Case File No. 001 concerning accused person Kaing Guek Eav alias Duch, as Monday 26 July 2010.
Duch is accused of crimes against humanity and war crimes, as well as premeditated murder and [...]

ECCC Update: Detention Appealed – Reassignment of Judges to Pre-Trial Chamber – Civil Party Participation Amended – And More…

ECCC Updates by Jenny Kelleher:
Accused persons appeal detention
Ieng Sary, Ieng Thirith and Khieu Samphan have each appealed their continued detention in separate hearings at the ECCC.
In a hearing held on the 11th February, lawyers for Ieng Sary requested that the former Foreign Minister be released to house arrest.  Now 84 years old, co-lawyers Ang [...]

ECCC Update: Genocide charges at ECCC – First Decision by Supreme Court – Interview with new Prosecutor – Budget for 2010-2011 Announced

ECCC Updates by Jenny Kelleher.
Genocide charges at ECCC
Ieng Sary, Nuon Chea, Khieu Samphan and Ieng Thirith have all been charged with genocide at the Extraordinary Chambers in the Courts of Cambodia.  The charges, issued by the Office of the Co-Investigating Judges relate to the purges involving two ethnic minorities in Cambodia, Muslim Cham and Vietnamese.
The [...]

ECCC Update: Application to Disqualify LeMonde Dismissed – JCE Applicable before ECCC – New International Co-Prosecutors appointed – More Funding for ECCC

ECCC Updates by Jenny Kelleher
Pre Trial Chamber Dismisses Application to Disqualify LeMonde
In a decision rendered on  9 December 2009, the Pre Trial Chamber (PTC) dismissed an application by Ieng Sary’s defence team to dismiss International Co-Investigating Judge Marcel LeMonde for allegations of bias during judicial investigations.  The PTC found the evidence given to be too [...]

Defence Closing Arguments in Duch Trial

Closing arguments in the Duch trial are ongoing this week. The Defence rose today, after lawyers for the participating civil parties and the Prosecution delivered their statements.

David Scheffer, director of Northwestern University’s Center for International Human Rights and former U.S. Ambassador at Large for War Crimes Issues, is reporting on the proceedings at the [...]

ECCC Update: Details of Case 002; Duch Defence Challenge JCE; Civil Parties challenge Trial Chamber, Request Reparations in Case 001; ECCC authority explored.

ECCC Updates  By Jenny Kelleher
Details of Case 002 released
 On 5 November 2009, the Office of the Co-Investigating Judges (OCIJ) released documents that illustrate the scope of the judicial investigation of Case 002.  This comprises allegations of crimes committed by Khieu Samphan, Nuon Chea, Ieng Sary, Ieng Thirith and Duch between 17 April 1975 and 6 January 1979. �
The [...]

ECCC Update: Decision on Civil Parties – Closing Statements in Duch Trial – Nuon Chea Provisional Detention – Allegations of Bias against Investigating Judge

 ECCC Updates by Jenny Kelleher:
Trial Chamber defines Civil Party Rights during trial proceedings�
In a written decision issued on the 9th October, the Trial Chamber made a number of important decisions with regard to the role of Civil Parties during trial proceedings.  The Trial Chamber’s majority (judges Nil Nonn, Silvia Cartwright, Ya Sokhan and Thou Mony), [...]

Call for Interns at ECCC Defence

The Defence Support Section (DSS) of the ECCC, is currently seeking interns to start in early January 2010, preferably for 3 or 6 months.
Requirements:
- Be under 35 years of age.
- Have no more than 5 years of work experience.
- University degree in law with emphasis on criminal law, international criminal law, international humanitarian law, and/or [...]

ECCC Update: Five New Suspects to be Investigated – New Acting Co-Prosecutor Appointed – Presentation of Evidence in Duch Trial Concludes

ECCC Updates by Jenny Kelleher.
William Smith appointed as Acting International Co-Prosecutor
Mr. William Smith (Australia) was appointed as the Acting International Co-Prosecutor following the resignation of Mr. Robert Petit on the 1st September 2009.  A permanent replacement for the position is currently under consideration.  Mr. Smith worked previously as a trial officer, legal officer and analyst [...]

ECCC Update: Independent Counsellor for ECCC; Duch Trial Ongoing – verdict expected in 2010

ECCC Updates by Jenny Kelleher.
ECCC establishes independent counsellor
On the 12th August 2009, the UN released a statement that an “Agreement to Establish an Independent Counsellor at the Extraordinary Chambers in the Courts of Cambodia” had been reached.
The Agreement was reached jointly between Deputy Prime Minister and Chairman of the Royal Government Task Force on the [...]

ECCC Updates: Attendance Figures surpass 12,000;Human Rights group urge PTC to decide on additional prosecutions

ECCC Updates by Jenny Kelleher:
Court schedule details forthcoming events as attendance figures surpass 12,000
The ECCC has released a court schedule detailing events to take place over July and August. Several key witnesses are due to give evidence  in the case of Tuol Sleng prison (S21) chief Duch. Duch, who is indicted for Crimes Against Humanity [...]

ECCC Update – PTC Issues Decisions on Pre-Trial Detention; Duch Trial Ongoing

ECCC Updates by Jenny Kelleher:
Duch’s Detention Period may be Taken into Account at Sentencing

The Trial Chamber has ruled that Duch may receive credit for all time spent in detention both under the Military Court and the ECCC.
In a decision released on the 15th June 2009, the Trial Chamber denied the request for the release [...]

Petit insists reasons for resignation from ECCC are personal not professional

ECCC Updates by Jenny Kelleher:
In a second statement to the press, Robert Petit dispels speculation and clarifies the reason behind his departure from the Office of the Co-Prosecutors (OCP).  He also addresses the impact he feels this decision will have on the continuation of the work of the ECCC.
The decision was motivated by reasons “entirely [...]

Guest Report: To JCE or not JCE at the Cambodian Tribunal

Guest Post by Brent Hicks
On 23 June 2009 Professor Michael Scharf delivered a lecture entitled, “To JCE or not JCE? Insights form the Cambodia Tribunal,” at The Grotius Centre’s Hague campus.
Prof. Scharf is uniquely situated to give a lecture on the application of Joint Criminal Enterprise (”JCE”) liability in this forum as he was hired [...]