A Review of the Jurisprudence of the Khmer Rouge Tribunal

Ahmed, Anees, Petit, Robert | January 1, 2010

This article reviews the jurisprudence of the Extraordinary Chambers in the Court of Cambodiafor the Prosecution of Crimes Committed During the Period ofDemocratic Kampuchea, which was established in 2006 to try the leaders of the Khmer Rouge.This paper outlines some of the key features of this truly “extraordinary” court and then analyzes the salient aspects of its emerging jurisprudence. Because the Court uses both national and international law, the Court’s decisions offer a complex perspective on the nature and challenges of international criminal tribunals. The article discusses the unique features of the ECCC’s co-counsel, investigators, victim participation, detention, fitness requirements, and other issues. The goal is to analyze the particularities of the ECCC, especially considering the upcoming Duch decision, with an eye toward aiding other international criminal tribunals’ jurisprudential processes and substantive decisions.