Khmer Rouge Tribunal
The Extraordinary Chambers in the Courts of Cambodia, commonly known as the Cambodia Tribunal or Khmer Rouge Tribunal, was a court established to try the senior leaders and the most responsible members of the Khmer Rouge for alleged violations of international law and serious crimes perpetrated during the Cambodian genocide. Although it was a national court, it was established as part of an agreement between the Royal Government of Cambodia and the United Nations, and its members included both local and foreign judges. It was considered a hybrid court, as the ECCC was created by the government in conjunction with the UN, but remained independent of them, with trials being held in Cambodia using Cambodian and international staff. The Cambodian court invited international participation in order to apply international standards.
The remit of the Extraordinary Chambers extended to serious violations of Cambodian penal law, international humanitarian law and custom, and violation of international conventions recognized by Cambodia, committed during the period between 17 April 1975 and 6 January 1979. This includes crimes against humanity, war crimes and genocide. The chief purpose of the tribunal as identified by the Extraordinary Chambers was to provide justice to the Cambodian people who were victims of the Khmer Rouge regime's policies between April 1975 and January 1979. However, rehabilitative victim support and media outreach for the purpose of national education were also outlined as primary goals of the commission.
Upon the denial of Khieu Samphan's appeal, and with no other living senior members of the Khmer Rouge to indict, the tribunal concluded in December 2022, with three convictions in all.
Origin
In 1997, Cambodia's co-prime ministers Norodom Ranariddh and Hun Sen wrote a letter to the Secretary-General of the United Nations, Kofi Annan, requesting assistance to set up trial proceedings against the senior leaders of the Khmer Rouge. After lengthy negotiations, an agreement between the Royal Government of Cambodia and the United Nations was reached and signed on 6 June 2003. The agreement was endorsed by the United Nations General Assembly.In May 2006, Justice Minister Ang Vong Vathana announced that Cambodia's highest judicial body approved 30 Cambodian and United Nations judges to preside over the long-awaited genocide tribunal for surviving Khmer Rouge leaders. The judges were sworn in early July 2006.
In June 2009, the international Co-Prosecutor Robert Petit resigned from his assignment due to "personal and familial reasons". In November of the same year, Andrew T. Cayley was appointed as new international Co-Prosecutor, and his Cambodian co-prosecutor is Chea Leang.
Judicial chambers
Under the agreement between Cambodia and the UN, the tribunal was composed of both local and international judges. Due to Cambodia's predominantly French legal heritage, investigations were performed by the Investigating Judges, who would conduct investigations and submit a closing order stating whether or not the case would proceed to trial.Both the Pre-Trial Chamber and the Trial Chamber were composed of three Cambodian and two international judges, while a Supreme Court Chamber was made up of four Cambodian judges and three international judges.
All international judges were appointed by the Supreme Council of the Magistracy of Cambodia from a list of nominees submitted by the Secretary-General of the United Nations. There were also Reserve judges who were sometimes called upon to serve.
The judges were:
Supreme Court Chamber
| Name | Country of origin |
| Maureen Harding Clark |  IrelandOrgans of the ECCCOffice of the Co-ProsecutorsThe was an independent office within the ECCC staffed by both Cambodian and international personnel provided by the . The OCP was headed by the Cambodian National Co-Prosecutor and the International Co-Prosecutor, who served as co-prosecutors. The role of the OCP was to prosecute the senior leaders of the Khmer Rouge and others most responsible for the crimes committed during the period of Democratic Kampuchea. The OCP was responsible for the prosecution of cases throughout the investigative, pre-trial, trial and appellate stages. The OCP processed victim complaints; conducted the preliminary investigations ; and issues Introductory Submissions to the Office of Co-Investigating Judges where there was sufficient evidence of crimes within the jurisdiction of the ECCC having been committed. Introductory Submissions set out the facts, applicable law, alleged offences, and person to be investigated. The OCP also participated in the judicial investigations, filing Supplementary Submissions as necessary when new facts came to light and original allegations required additions or amendments. Co-Prosecutors
The undertook pre-trial investigations of the facts alleged by the Co-Prosecutors in their Introductory and Supplementary Submissions to determine whether the person under investigation were to be indicted and sent to trial, or whether the case against them should be dismissed. Co-Investigating Judges
The was responsible for providing indigent defendants with a list of lawyers who could defend them, for providing legal support and administrative support to lawyers assigned to represent individual defendants, and for promoting fair trial rights. The DSS also acted as a voice for the defence in the media and at outreach events, and organised a legacy program. The DSS legacy program was designed to increase understanding of the criminal trial process and the right to a fair trial within Cambodia. The program provided an opportunity for Cambodian law students and lawyers to gain experience practicing international law in the hopes that the court will lead to a lasting improvement in the Cambodian legal system. Author Mary Kozlovski addresses problems at the Court, including issues impacting fair trial rights, in an essay entitled Bringing the Khmer Rouge to Justice in the June 2012 issue of Global Insight, the journal of the International Bar Association. Heads of the DSS
The served as the liaison between the ECCC and the victims or their representatives. Through the VSS, victims had the ability to seek support and assistance by participating in the ECCC's proceedings as Complainants or Civil Parties. The VSS was responsible for informing victims of their rights in the proceedings, and connecting them with legal representatives if they desire it. Thus, victims were formally recognized as parties of the proceedings and eligible for either collective or individual reparations for damages caused during the regime. The VSS also ensured the safety and protection of its participants. This support and protection could be either physical protection for providing key testimony, or emotion support in the form of psychiatric help and assistance. In early 2012, Germany donated 1.2 million euros to the VSS. This marks Germany's fourth donation to the VSS since its official recognition as an organ of the ECCC. The financial assistance went primarily towards legal representation for the victims, effective legal participation, and information dissemination. Germany donated in total 1.9 million euro to the VSS. Office of Administration The oversaw the Budget and Finance, Information and Communication Technology, Security and Safety, General Services, Public Affairs, and Personnel units of the ECCC and was responsible for supporting and facilitating the judicial process through the effective, efficient and coordinated provision of services. The office was also responsible for managing the ECCC's relationships with UNAKRT donors. Directors of the Office of Administration
Victims' roleVictims of the Khmer Rouge were defined as "any person or legal entity who has suffered from physical, psychological, or material harm as a direct consequence of the crimes committed in Cambodia by the Democratic Kampuchea regime between 17 April 1975 and 6 January 1979 that are under the jurisdiction of the ECCC". The rights provided to the victims in regards to the ECCC were stated in the Cambodian Law under the Internal Rules of the ECCC. Victims had the opportunity to actively participate in judicial proceedings through Complaints and Civil Parties, and they could seek collective and moral reparation.The victims' role was crucial since the tribunal was an important mechanism for them to cope with their trauma. “The tribunal facilitates reconciliation and at the same time provides an opportunity for Cambodians to come to terms with their history,” ECCC spokesman Neth Pheaktra said in an interview with D+C. |