International Criminal Law Review 8 (2008) 423–445 www.brill.nl/icla International Criminal Law Review Defending the Khmer Rouge Rupert Skilbeck * Head, Defence Support Section, Extraordinary Chambers in the Courts of Cambodia Abstract Th e author outlines the lengthy negotiation process to create the Extraordinary Chambers in the Courts of Cambodia and the continued negotiations over the Internal Rules of the ECCC. Th e novel aspects of the procedure at the court are examined, looking at the investigation, the role of the civil party and the need for secrecy. Th ere follows a survey of the ways in which defence law- yers have been supported in war crimes trials since Nuremberg, highlighting some of the recurring problems that have arisen and the system that is being used in Cambodia. Finally, the allegations against the ﬁ ve suspects before the ECCC are outlined and the legal issues that are likely to arise at the Court. Keywords Hybrid Tribunals; Defence Rights; Khmer Rouge Tribunal On 19 August 1979 the ‘People’s Revolutionary Tribunal to try the Pol Pot-Ieng Sary Clique’ sitting at the Chaktomuk theatre in Phnom Penh found the two accused guilty of the oﬀ ence of genocide, and sentenced them to
International Criminal Law Review – Brill
Published: Jan 1, 2008
Keywords: HYBRID TRIBUNALS; KHMER ROUGE TRIBUNAL; DEFENCE RIGHTS
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