Pa!s!

stra University of Cambodia

The Relation of the ECCC with the International Laws!

RESEARCH PAPER The Relation of ECCC with the International Laws Written By: LONG Kimkhorn Master of Arts in International Relations and Diplomacy Pa!s!stra University of Cambodia Public International Laws

Instructed By: Sang-Bonn SOTH, LLM. and Professor of PUC Faculty of Law and Public Affairs (LPA)

Phnom Penh, February 26th, 2014

! Professor: Sang-Bonn SOTH, LLM.

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Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

! TABLES OF CONTENT I. II. III. Abstract Introduction Acknowledgement

The Relation of the ECCC with the International Laws!

3 3 4 4 4 4 5 6 6 6 8 9 9 9 10 10 10 10 12 12 13 14 14 15 17 18 18 20 20 21 21 21 21 22

a. The Definition of ECCC b. The Mission of ECCC c. The Purposes of ECCC d. The Structure of ECCC IV. Literature Review

a. Tipping Point of ECCC Creation c. Laws of ECCC

b. The Establishment of ECCC d. The Appointment of Co-Judge and Judge e. The Important Body of ECCC V. VI. VII. Scope of Research Facts and Findings

Methodology

a. The Power of ECCC b. The Legal Scope of ECCC c. The ECCC Jurisdiction

d. The ECCC Procedure e. The ECCC Judgment f. The Achievement of Case 001 g. The Question of Justice ....

h. The Suspects of the Case 002 and the Status of the Case 002, 003, 004 i. The Political Influences and Challenging j. The End of ECCC Mission/ Withdrawal and Dispute Settlement VIII. Recommendations and Discussion

k. The ECCC Lesson Learned a. ECCC Alienation from the Political Influences

b. Independent of Judge and Co-Judge c. Shorten and Precise Work Procedure in Administration d. International Responsibility Regarding to Budget IX. X. Conclusion References

#! Student: KimKhorn LONG, MA

Professor: Sang-Bonn SOTH, LLM.

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws!

TABLES OF CONTENT "# Abstract! According to the book written by Lt. General Pol Saroeun in 2013 titled DIFID Strategy of Decho Sen of Cambodia stated that on 24 July 1997, there was a court1 created by senior Khmer Rouge regimes high ranking official, namely Ta Mok, to trail and charge Pol Pot of serious crime against the slaughtering of Son Sens whole family. This is the first attempt a court created by Khmer Rouges official against their top leader to seek justice (Pol: 2014, 242). December 29, 1998, former KRs National Assembly President Noun Chea, former Ministry of Foreign Affairs Minister Ieng Sary, former Head of State of Democratic Kampuchea Regime Khiev Samphan with the families surrendered with the Royal Government of Cambodia. March 6, 1999, Ta Mok was arrested by the Military Court of Cambodia and then the Royal Government of Cambodia trailed Ta Mok and others senior KR leaders at the Military Court2 of Cambodia. This is a second attempt of court creation to trail KRs senior leaders (Pol: 2014, 243). Then the Cambodian authorities asked for assistance3 appeared in a letter dated 21 June 1997 from the then-First Prime Minister of Cambodia, Prince Norodom Ranariddh, and the thenSecond Prime Minister of Cambodia, Hun Sen, which stated in pertinent part: "On behalf of the Cambodian Government and people, we write to ask you for the assistance of the United Nations and the international community in bringing to justice those persons responsible for the genocide and crimes against humanity during the rule of the Khmer Rouge from 1975 to 1979. On 12 December 1997, the General Assembly adopted resolution 52/135, entitled "Situation of human rights in Cambodia". The resolution addressed the state of human rights in Cambodia (UN-GASC: 1999, 7). This is the third attempt to create the court to trail KRs senior leaders. But the controversial question here is How should the court be created?
1&2

Lt. General Pol Saroeun, DIFID Strategy of Decho Sen of Cambodia, (3D Graphic

Publishing, 2014: 242-243)

3

GENERAL ASSEMBLY SECURITY COUNCIL, Report of the Group of Experts for

Cambodia established pursuant to General Assembly resolution 52/135 /, (UN, 1999: 7) II. Acknowledgement

I would like to thank Sang-Bonn SOTH, LLM. and professor of the Faculty of Law and Public Affairs at the Pa!s!stra University of Cambodia. And Paper would like to thank the law experts, academicians, researchers, officials involving in the work of the ECCC (Extraordinary Professor: Sang-Bonn SOTH, LLM. $! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws! Chamber in the Court of Cambodia) and the UNAKRT (United Nations Assistance to the

Khmer Rouge Trail) which database a lot of legal documents related to the overall work of ECCC that enable me to have a handful of references for my research paper. III. Introduction a. The Definition of ECCC ECCC stands for Extraordinary Chamber in the Court of Cambodia. It is called by another two alias Hybrid Court or Khmer Rouge Court rather than its original name. b. The Mission of ECCC Bringing these men to justice is a matter not only of moral obligation but also of profound political and social importance to the Cambodian people. For accountability first and foremost is a statement to the millions of Cambodian victims and their relatives and friends that their cries have at last been heard, providing the survivors with a sense of justice and some closure on the past. Justice4 is also a critical element for repairing the damage done to that society by the massive human rights abuses and for promoting internal peace and national reconciliation. By having those who committed the abuses identified and punished, Cambodians can better understand their own past, finally place this most tragic period and those responsible for it behind them, and work together to build a peaceful and better future. And accountability can play an important preventive role in Cambodia - demonstrating to those contemplating offences that punishment is at least possible, and promoting an awareness among the people about the meaning of justice and the rule of law (UN: 1999, 6).
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GENERAL ASSEMBLY SECURITY COUNCIL, Report of the Group of Experts for

Cambodia established pursuant to General Assembly resolution 52/135 /, (UN, 1999: 6) c. The Purposes of ECCC According to the UN Adopted Resolution5 57/228 on 18 December 2002 in the Article 1 of the Agreement between the United Nations and the Royal Government of Cambodia stated that the purpose of the present Agreement is to regulate the cooperation between the United Nations and the Royal Government of Cambodia in bringing to trial senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia, that were committed during the period from 17April 1975 to 6 January 1979. The Agreement provides, inter alia, the legal basis and the principles and modalities for such cooperation (UN General Assembly: 2002, 2).

Professor: Sang-Bonn SOTH, LLM.

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Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws!

General Assembly, Resolution adopted on the report of the Third Committee (A/57/806) 57/228. Khmer Rouge trials/ Recalling its resolution 57/228, (UN, 2003: 2-12) d. The Structure of ECCC The Extraordinary Chambers have 27 judicial posts6, including the co-investigating judges, 15 of whom are Cambodian and 12 international. The Pre-Trial Chamber comprises four Cambodian and three international judges, including one Cambodian reserve judge and one international reserve judge. The Cambodian judges are Prak Kimsan (President), Ney Thol, Huot Vuthy and Pen Pichsaly as the reserve. The international judges are Rowan Downing (Australia), Chang-ho Chung (Republic of Korea) and Steven J. Bwana (United Republic of Tanzania) as the reserve. The Trial Chamber has four Cambodian judges and three international judges, including one Cambodian reserve judge and one international reserve judge. The Cambodian judges are Nil Nonn (President), Ya Sokhan, You Ottara and Thou Mony as the reserve. The international judges are Silvia Cartwright (New Zealand), Jean- Marc Lavergne (France) and Claudia Fenz (Austria) as the reserve. There are five Cambodian judges serving in the Supreme Court Chamber: Kong Srim (President), Som Sereyvuth, Mong Monichariya, Ya Narin and Sin Rith as the reserve. While four international judges should serve in the Supreme Court Chamber, at the time of the submission of the present report, only three positions were encumbered, owing to the resignation of one judge. The international judges are Chandra Nihal Jayasinghe (Sri Lanka), Agnieszka Klonowiecka-Milart (Poland) and Florence Ndepele Mwachande Mumba (Zambia) as the reserve. On 2 July 2012, the President of the Supreme Court Chamber designated Ms. Mumba to sit in place of Motoo Noguchi (Japan), who resigned as from 15 July, and to replace him in all future proceedings pending the formal appointment of a new international judge by the Supreme Council of the Magistracy (UN: 2012, 8).
6

United Nations General Assembly, Report of the Secretary-General A/67/380/, (UN, 2012:819)

Professor: Sang-Bonn SOTH, LLM.

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Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

Figure 1: Component7 of the ECCC

The Relation of the ECCC with the International Laws!

Chan Sok, Constitutional Council/ Case No. 038/001/2001/ Decision No. 040/002/2001, (Municipality of Phnom Penh, 2001: 3)

IV.

Literature Review a. Tipping Point of ECCC Creation Co-Prime Minister wrote a letter8 to the UN stated, Cambodia does not have the resources or expertise to conduct this very important procedure. Thus, we believe it is necessary to ask for the assistance of the United Nations. We are aware of similar efforts to respond to the genocide and crimes against humanity in Rwanda and the former Yugoslavia, and ask that similar assistance be given to Cambodia (UNGA: 1997, 1).
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Norodom Ranariddh., Hun Sen., Letter dated 21 June 1997 from the First and Second Prime Ministers of Cambodia addressed to the Secretary-General, GENERAL ASSEMBLY Fifty-first session Agenda item 110 HUMAN RIGHTS QUESTIONS/ SECURITY COUNCIL/ Fiftysecond year/ A/51/930/ S/1997/488, (General Assembly, 1997: 1) b. The Establishment of ECCC In the process of the establishment of the ECCC, there were five proposals had been made to United Nations Security Council, stated following: ! A Tribunal established under Cambodian law9 The first option considered by the Group is the conduct of criminal trials under Cambodian law in a domestic court, under the sponsorship of the Cambodian Government. As a party to the Genocide Convention, Cambodia is obligated to punish genocide that took place on its territory; in the 1991 Paris Accords, it undertook "to take effective measures to ensure that the policies and practices of the past shall never be allowed to return", to "ensure respect for and Professor: Sang-Bonn SOTH, LLM. '! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws! observance of human rights and fundamental freedoms in Cambodia", and "to adhere to

relevant international human rights instruments" (UNSC: 1999, 49).

9

GENERAL ASSEMBLY SECURITY COUNCIL, Report of the Group of Experts for Cambodia established pursuant to General Assembly resolution 52/135/, (UN, 1999: 49) ! A Tribunal established by the United Nations10 The second option the Group considered is the establishment of an ad hoc international tribunal by the United Nations. After careful evaluation of all the alternatives and as explained in detail in section 7 below, it is this option that the Group strongly recommends (UNSC: 1999, 55).
10

GENERAL ASSEMBLY SECURITY COUNCIL, Report of the Group of Experts for Cambodia established pursuant to General Assembly resolution 52/135/, (UN, 1999: 55) ! A Cambodian tribunal under United Nations administration11 The third proposal the Group considered is a hybrid of the previous two models: a tribunal established under Cambodian law, but subject to the control and operation of the United Nations. The establishment of such a tribunal would be done through two simultaneous legal undertakings. First, the United Nations, through the Secretary-General, would enter into an international agreement with the Cambodian Government establishing the legal status of the tribunal, the obligations of the United Nations and the obligations of Cambodia. Second, the Cambodian Government would pass a law that formally establishes the tribunal according to the terms of its agreement with the United Nations. A statute of the tribunal would be annexed to the Cambodian law and the agreement as well. The jurisdiction of such a court could comprise only international crimes, only Cambodian crimes, or extend to both (UNSC: 1999, 69).
11

GENERAL ASSEMBLY SECURITY COUNCIL, Report of the Group of Experts for

Cambodia established pursuant to General Assembly resolution 52/135/, (UN, 1999: 69) ! An international tribunal established by multilateral treaty12 This option would entail the creation of a court along the model of the International Military Tribunal at Nuremberg through a treaty among interested States.83 In the case of Cambodia, this might be a combination of States in the region whose cooperation would be necessary to the effective functioning of a court and other interested States that might wish to contribute financial resources and personnel. It would avoid the creation of a new United Nations court. The Group declines to recommend this option because we are quite skeptical of the possibility of agreement among many States on the form of such a court. Protracted negotiations might well lead nowhere. This reasoning formed the basis for the Secretary-General's recommendations to the Security Council in 1993 and 1994 that the International Tribunal for Professor: Sang-Bonn SOTH, LLM. (! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws! the Former Yugoslavia and the International Criminal Tribunal for Rwanda be established by

Security Council resolution and not by treaty, and we find that reasoning equally applicable here (UNSC: 1999, 71).
12

GENERAL ASSEMBLY SECURITY COUNCIL, Report of the Group of Experts for ! Trials in other States13

Cambodia established pursuant to General Assembly resolution 52/135/, (UN, 1999: 71) The fifth option considered by the Group is the trial of Khmer Rouge leaders by and in a State other than Cambodia. Such trials could take place as a matter of international law under the theory of universal jurisdiction, which gives each State the right to prosecute persons for genocide, crimes against humanity and other international crimes regardless of the place of the commission of the crimes or the nationality of the accused or the victims. Trials could only take place in States that have criminal statutes providing for such universal jurisdiction or which otherwise are able to apply their ordinary criminal laws to cases without a link between the forum State and the site of the crime, the nationality of the victims or the nationality of the accused. If the accused or the victim happened to be a national of the State, then other bases for jurisdiction would be possible as well (UNSC: 1999, 72).
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GENERAL ASSEMBLY SECURITY COUNCIL, Report of the Group of Experts for

Cambodia established pursuant to General Assembly resolution 52/135/, (UN, 1999: 72) c. The Laws of ECCC According to the Agreement14 between UN and RGC: The present Agreement recognizes that the Extraordinary Chambers have subject matter jurisdiction consistent with that set forth in the Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea" (hereinafter: "the Law on the Establishment of the Extraordinary Chambers"), as adopted and amended by the Cambodian Legislature under the Constitution of Cambodia. The present Agreement further recognizes that the Extraordinary Chambers have personal jurisdiction over senior leaders of Democratic Kampuchea and those who were most responsible for the crimes referred to in Article 1 of the Agreement (UN/RGC: 2003, 2). The present Agreement shall be implemented in Cambodia through the Law on the Establishment of the Extraordinary Chambers as adopted and amended. The Vienna Convention on the Law of Treaties, and in particular its Articles 26 and 27, applies to the Agreement. In case amendments to the Law on the Establishment of the Extraordinary Chambers are deemed necessary, such amendments shall always be preceded by consultations between the parties (UN/RGC: 2003, 2).

Professor: Sang-Bonn SOTH, LLM.

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Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

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The Relation of the ECCC with the International Laws! United Nations., Royal Government of Cambodia., AGREEMENT BETWEEN THE

UNITED NATIONS AND THE ROYAL GOVERNMENT OF CAMBODIA CONCERNING THE PROSECUTION UNDER CAMBODIAN LAW OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA, (UN/RGC, 2003:2) d. The Appointment of Co-Judge and Judge According to the Article 3 about Judge15, the agreement between UN and RGC stated that Cambodian judges, on the one hand, and judges appointed by the Supreme Council of the Magistracy upon nomination by the Secretary-General of the United Nations (hereinafter: "international judges"), on the other hand, shall serve in each of the two Extraordinary Chambers (UN: 2002, 3).
15

United Nations., Royal Government of Cambodia., AGREEMENT BETWEEN THE

UNITED NATIONS AND THE ROYAL GOVERNMENT OF CAMBODIA CONCERNING THE PROSECUTION UNDER CAMBODIAN LAW OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA, (UN/RGC, 2003:3) According to the Article 10 (New)16 The judges of the Extraordinary Chambers shall be appointed from among the currently practicing judges or are additionally appointed in accordance with the existing procedures for appointment of judges; all of whom shall have high moral character, a spirit of impartiality and integrity, and experience, particularly in criminal law or international law, including international humanitarian law and human rights law (ECCC: 2004, 3).
16

UN., RGC., Law on the Establishment of the Extraordinary Chambers, with inclusion of

amendments as promulgated on 27 October 2004 (NS/RKM/1004/006), (2004: 1-3) e. The Important Body17 of ECCC The Extraordinary Chambers shall be composed of the two Chambers as follows: (a) The Trial Chamber: three Cambodian judges and two international judges; (b) The Supreme Court Chamber, which shall serve as both appellate chamber and final instance: four Cambodian judges and three international judges (ECCC: 2002, 3).
17

General Assembly, Resolution adopted on the report of the Third Committee (A/57/806) 57/228. Khmer Rouge trials/ Recalling its resolution 57/228, (UN, 2003: 3) V. Methodology

The paper uses secondary data as primary sources for writing. First, I collect all documents database on the website of ECCC and UNAKRT. Second, I select the targeted sources by reviewing one by one about 100 sources. Third, I conduct literature review on selected 20 Professor: Sang-Bonn SOTH, LLM. *! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws! sources. Fourth, I put all important information into literature matrix. Fifth, I start writing the

paper using qualitative method with the footnotes and references. VI. Scope of Research Due to the school requirement and time constraint, the paper only touch upon few important point of ECCC including the Law of ECCC (Establishment, Judge Appointment, Court Jurisdiction, Judgment, Decision Making, Power of ECCC, Scope of ECCC, Political Influence on Court, and few more), Achievement of Case 001, Current Status of Case 002, 003, 004. VII. Facts and Findings a. The Power of ECCC According to the Article 4 of the agreement on the decision-making process18. The judges shall attempt to achieve unanimity in their decisions. If this is not possible, the following shall apply: (a) A decision by the Trial Chamber shall require the affirmative vote of at least four judges. Trial Chamber composes of three Cambodian judges and two international judges; (b) A decision by the Supreme Court Chamber shall require the affirmative vote of at least five judges. The Court Chamber composes of four Cambodian judges and international judges. When there is no unanimity, the decision of the Chamber shall contain the views of the majority and the minority (UN General Assembly: 2002, 4). The Court has only power to trail the crimes committed during the period from 17April 1975 to 6 January 1979.
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General Assembly, Resolution adopted on the report of the Third Committee (A/57/806)

57/228. Khmer Rouge trials/ Recalling its resolution 57/228, (UN, 2003: 2-12) The ECCC is such a controversial case against Mr. Ieng Sary. According to the article 1: a pardon19 to Mr Ieng Sary, former Deputy Prime Minister in charge of Foreign Affairs in the Government of Democratic Kampuchea, for the sentence of death and confiscation of all his property imposed by order of the People's Revolutionary Tribunal of Phnom Penh, dated 19 August 1979; and an amnesty for prosecution under the Law to Outlaw the Democratic Kampuchea Group, promulgated by Reach Kram No. 1, NS 94, dated 14 July 1994 (Sihanouk: 1996, 1).
19

Norodom Sihanouk, Royal Decree (Reach Kret)/ NS/RKT/0996/72/, (Royal Palace, 1996: 1)

b. The Legal Scope of ECCC According to Article 3 (New), the Extraordinary Chambers shall have the power20 to bring to trial all Suspects who committed any of these crimes set forth in the 1956 Penal Code, and which were committed during the period from 17 April 1975 to 6 January 1979: (1) Homicide (Article 501, 503, 504, 505, 506, 507 and 508); (2) Torture (Article 500); (3) Religious Professor: Sang-Bonn SOTH, LLM. "+! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws!

Persecution (Articles 209 and 210). According to Article 4 of the ECCC Agreement: the Extraordinary Chambers shall have the power to bring to trial all Suspects who committed the crimes of genocide as defined in the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, and which were committed during the period from 17 April 1975 to 6 January 1979 (ECCC: 2004, 1). The acts of genocide, which have no statute of limitations, mean any acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, such as: (4) killing members of the group; (5) causing serious bodily or mental harm to members of the group; (6) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (7) imposing measures intended to prevent births within the group; (8) forcibly transferring children from one group to another group. According to the Article 5: The Extraordinary Chambers shall have the power to bring to trial all Suspects who committed crimes against humanity during the period 17 April 1975 to 6 January 1979. Crimes against humanity, which have no statute of limitations, are any acts committed as part of a widespread or systematic attack directed against any civilian population, on national, political, ethnical, racial or religious grounds, such as: (9) murder; (10) extermination; (11) enslavement; (12) deportation; (13) imprisonment; (14) torture; (15) rape; (16) persecutions on political, racial, and religious grounds; (17) other inhumane acts (ECCC: 2004, 2). According to the Article 6: The Extraordinary Chambers shall have the power to bring to trial all Suspects who committed or ordered the commission of grave breaches of the Geneva Conventions of 12 August 1949, such as the following acts against persons or property protected under provisions of these Conventions, and which were committed during the period 17 April 1975 to 6 January 1979: (18) willful killing; (19) torture or inhumane treatment; (20) willfully causing great suffering or serious injury to body or health; (21) destruction and serious damage to property, not justified by military necessity and carried out unlawfully and wantonly; (22) compelling a prisoner of war or a civilian to serve in the forces of a hostile power; (23) willfully depriving a prisoner of war or civilian the rights of fair and regular trial; (24) unlawful deportation or transfer or unlawful confinement of a civilian; taking civilians as hostages (ECCC: 2004, 3).
20

UN., RGC., Law on the Establishment of the Extraordinary Chambers, with inclusion of amendments as promulgated on 27 October 2004 (NS/RKM/1004/006), LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE Professor: Sang-Bonn SOTH, LLM. ""! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws!

PERIOD OF DEMOCRATIC KAMPUCHEA, (ECCC, 2004: 1-3) c. The ECCC Jurisdiction The Extraordinary Chambers shall exercise their jurisdiction21 in accordance with international standards of justice, fairness and due process of law, as set out in Articles 14 and 15 of the 1966 International Covenant on Civil and Political Rights, to which Cambodia is a party. In the interest of securing a fair and public hearing and credibility of the procedure, it is understood that representatives of Member States of the United Nations, of the Secretary-General, of the media and of national and international non-governmental organizations will at all times have access to the proceedings before the Extraordinary Chambers. Any exclusion from such proceedings in accordance with the provisions of Article 14 of the Covenant shall only be to the extent strictly necessary in the opinion of the Chamber concerned and where publicity would prejudice the interests of justice (UN General Assembly: 2003, 9).
21

General Assembly, Resolution adopted on the report of the Third Committee (A/57/806)

57/228. Khmer Rouge trials/ Recalling its resolution 57/228, (UN, 2003: 9) The subject-matter jurisdiction of the ECCC encompasses22: (a) genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention); (b) crimes against humanity as defined in the 1998 Rome Statute of the International Criminal Court (ICC Statute); (c) grave breaches of the 1949 Geneva Conventions; (d) destruction of cultural property during armed conflict pursuant to the 1954 Hague Convention for Protection of Cultural Property in the Event of Armed Conflict; (e) crimes against internationally protected persons pursuant to the Vienna Convention of 1961 on Diplomatic Relations; (f) crimes set forth in the 1956 Penal Code of Cambodia including: homicide (Article 501, 503, 504, 505, 506, 507 and 508); torture (Article 500); and religious persecution (Articles 209 and 210) (ICLS: 2009, 1).
22

International Criminal Law Services and Open Society Justice Initiative, Report, (2009: 1)

d. The ECCC Procedure According to the Article 12 about the court procedure. The procedure shall be in accordance with Cambodian law. Where Cambodian law does not deal with a particular matter, or where there is uncertainty regarding the interpretation or application of a relevant rule of Cambodian law, or where there is a question regarding the consistency of such a rule with international standards, guidance may also be sought in procedural rules established at the international level (UN General Assembly: 2002, 9).
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General Assembly, Resolution adopted on the report of the Third Committee (A/57/806)

57/228. Khmer Rouge trials/ Recalling its resolution 57/228, (UN, 2003: 9) Professor: Sang-Bonn SOTH, LLM. "#! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws!

e. The ECCC Judgment According to the Rule 9824 on the Judgment amended on 1 February 2008 and 6 March 2009 stated that (1). Where the judgment is not pronounced during the final hearing, the President of the Chamber shall notify the parties of the date for pronouncement of the judgment; (2). The judgment shall be limited to the facts set out in the Indictment. The Chamber may, however, change the legal characterization of the crime as set out in the Indictment, as long as no new constitutive elements are introduced. The Chamber shall only pass judgment on the Accused. If another person, appearing as a witness during the trial is suspected of committing a crime or conspiring with someone to commit a crime, the Chamber shall only try such person after he or she has been charged and indicted in accordance with these IRs; (3). The Chamber shall examine whether the acts amount to a crime falling within the jurisdiction of the ECCC, and whether the Accused has committed those acts; (4). Pursuant to the ECCC Law, the Chamber shall attempt to achieve unanimity. If this is not possible, a conviction shall require the affirmative vote of at least 4 (four) judges. If the required majority is not attained, the default decision shall be that the Accused is acquitted; (5). If the Accused is found guilty, the Chamber shall sentence him or her in accordance with the Agreement, the ECCC Law and these IRs; (6). Where the Chamber considers that the acts set out in the Indictment have not been proved, or that the Accused is not guilty of those acts, he or she shall be acquitted; (7). Where the Chamber considers that the crimes set out in the Indictment do not fall within the jurisdiction of the ECCC, it shall decide that it does not have jurisdiction in the case (ECCC: 2011, 69).
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Judge Kong Srim., Judge Silvia Cartwright., EXTRAORDINARY CHAMBERS IN THE

COURTS OF CAMBODIA INTERNAL RULES (REV.8) AS REVISED ON 3 August 2011/, (ECCC, 2011: 69) According to the Rule 10425 about Jurisdiction of the Supreme Court Chamber amended on 5 September 2008 and 6 March 2009 and 9 February 2010 stated that (1). The Supreme Court Chamber shall decide an appeal against a judgment or a decision of the Trial Chamber on the following grounds: a) an error on a question of law invalidating the judgment or decision; or b) an error of fact which has occasioned a miscarriage of justice. Additionally, an immediate appeal against a decision of the Trial Chamber may be based on a discernible error in the exercise of the Trial Chambers discretion, which resulted in prejudice to the appellant. For these purposes, the Supreme Court Chamber may itself examine evidence and call new evidence to determine the issue;

Professor: Sang-Bonn SOTH, LLM.

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Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws! (2). The Supreme Court Chamber may either confirm, annul or amend decisions in whole or in

part, as provided in Rule 110; (3). Decisions of the Chamber are final, and shall not be sent back to the Trial Chamber; (4). The following decisions of the Trial Chamber are subject to immediate appeal: a) decisions which have the effect of terminating the proceedings; b) decisions on detention and bail under Rule 82; c) decisions on protective measures under Rule 29(4)(c); and d) decisions on interference with the administration of justice under Rule 35(6). Other decisions may be appealed only at the same time as an appeal against the judgment on the merits. Unless otherwise provided in the IRs or decided by the Trial Chamber, an immediate appeal does not stay the proceedings before the Trial Chamber (ECCC: 2011, 71).
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Judge Kong Srim., Judge Silvia Cartwright., EXTRAORDINARY CHAMBERS IN THE

COURTS OF CAMBODIA INTERNAL RULES (REV.8) AS REVISED ON 3 August 2011/, (ECCC, 2011: 71) f. The Achievement of Case 001 On 8 August 2008, the co-investigating judges issued a closing order26 in which they indicted Duch for crimes against humanity and grave breaches of the Geneva Conventions of 1949. Following an appeal by the co-prosecutors, the closing order was partially amended by the PreTrial Chamber to add the domestic crimes of torture and premeditated murder as defined in the 1956 Penal Code of Cambodia to the indictment. The Pre-Trial Chamber sent the accused for trial on the basis of the amended closing order (UN: 2012, 2). During the reporting period, the Extraordinary Chambers concluded all proceedings in case 001 against Kaing Guek Eav, alias Duch, the former head of S-21, a Khmer Rouge torture and execution centre. Duch was convicted and sentenced to 35 years imprisonment by the Trial Chamber. Following an appeal, the Supreme Court Chamber to that of life imprisonment increased his sentence. The trial in case 002, against four surviving senior leaders of the Khmer Rouge regime, began in June 2011. Many Cambodians and foreigners have attended the judicial proceedings in both cases, with the national and international press reporting on them extensively and positively (UN: 2012, 2).
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General Assembly, Report of the Secretary-General/ United Nations/ A/67/380/, (UN, 2012:

21) g. The Questions of Justice International Republican Institute (IRI) funded by USAID conducted a Survey of Cambodian Public Opinion27 in 2009 regarding the Khmer Rouge Trail with 2000 samples from 24 Professor: Sang-Bonn SOTH, LLM. "%! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws! provinces. The survey asked a series of questions regarding Khmer Rouge Trail and Duch

(Case 001). In respond to the question Are you aware of trail of the Khmer Rouge leaders? There were 82 percent of the total respondents said Yes. Q.2 Is the trail of Khmer Rouge leaders providing justice? There were 70 percent of respondents replied Yes (IRI: 2009, 4043).
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International Republican Institute, Survey of Cambodian Public Opinion 2009, (IRI, 2009:

40-43) h. The Status of Suspects in the Case 002 and Current Status of Case 002, 003, 004 Monday 21 November 2011 marks the start of the long-awaited trial of Khmer Rouge senior leaders (Case 002)28 for genocide, war crimes, and crimes against humanity before the Extraordinary Chambers in the Courts of Cambodia (ECCC). The trial is a historic step forward in Cambodias search for justice. After years of pre-trial investigations, ECCC has brought charges of mass atrocity crimes against Nuon Chea, Ieng Sary, Khieu Samphan, and Ieng Thirith. The four Accused persons occupied key positions in the Democratic Kampuchea government, which ruled Cambodia in a bloody reign of terror from 1975 to 1979 (CJA/IHRLC: 2011, 1).
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The Center for Justice & Accountability (CJA)., The International Human Rights Law

Clinic., VICTIMS RIGHT TO REMEDY: AWARDING MEANINGFUL REPARATIONS AT THE ECCC, (University of California, 2011: 1) In December, the Supreme Court Chamber began preparatory review29 and research on issues relating to the scope of Case 002/01. Trail Chamber: Following the conclusion of the hearing of evidence and closing arguments in Case 002/01 on 31 October, the Trial Chamber is currently engaged in judgment drafting. The verdict is expected in the second quarter of 2014 (ECCC: 2014, 4). On 11 and 12 December, the Trial Chamber held a trial management meeting to facilitate the planning of the second phase of Case 002. The chamber heard the parties to Case 002 and representatives of the Office of Administration on issues including the possibility of establishing a second trial panel. On 20 December, the president of the Trial Chamber issued a memorandum informing the director of the Office of Administration that he is not recommending the appointment of a second Trial Chamber panel to hear the remaining charges in the second phase of Case 002. The president took into consideration legal uncertainties regarding the appointment of a second panel, as well as the time that would be required for its establishment and preparation for the Professor: Sang-Bonn SOTH, LLM. "&! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws! case, before concluding that the appointment of a second panel would be less expeditious than

proceeding with the existing bench that is already familiar with the case (ECCC: 2014, 4). In the memorandum, the Trial Chamber identified numerous issues which require resolution prior to the start of evidentiary hearings, including the scope of the trial, the fate of facts or charges not included in Case 002/02, the assessment of the fitness of the accused, the filing of lists of relevant witnesses, experts and civil parties proposed to appear at trial, the filing of relevant document lists, and the determination of any out- standing preliminary objections. As a first step, the Trial Chamber directed the par- ties to file submissions on the fitness of the accused by 15 January 2014 and on the scope of the trial by 31 January 2014. It further directed the Khieu Samphan defence team to file submissions to sup- port its assertion that Case 002/01 must be finally adjudicated and the appeals process, if any, completed before the evidentiary hearings in Case 002/02 can start (ECCC: 2014, 4).
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Extraordinary Chamber in the Court of Cambodia, ECCC Court Report Issue 68, (ECCC,

2014, 4) Pre-Trail Chamber: During the reporting period, the Pre- Trial Chamber disposed of a number of procedural30 and other case-management matters and continued its consideration of three appeals in Cases 003 and 004 pending before it, namely: " An appeal by a suspect in Case 003 against the constructive denial of 14 requests filed to the Co-Investigating Judges; (a) An appeal from a suspect in Case 004 against a decision from the International Co-Investigating Judge rejecting re- quests to have access to the case file and to participate in the judicial investi- gation; (b) An appeal filed pursuant to Internal Rule 11(5) by a lawyer whose admission on the list of counsel authorized to rep- resent indigent persons before the ECCC had been denied by the Head of the Defense Support Section. These appeals are all classified as confidential or strictly confidential (ECCC: 2014, 5). In addition, a judge in the Pre-Trial Chamber who had been appointed as an administrative judge in respect of a non- fees dispute between a co-lawyer and the Defense Support Section issued his decision on 13 December. He found the co- lawyers claim for the reimbursement of a flight ticket for his legal consultant inadmissible (ECCC: 2014, 5). Case 003: The co-prosecutors have been monitoring the evidence and developments in Case 003, responding as necessary and attempting to systematically review the record from Cases 001 and 002 to ensure that they fulfill their disclosure obligations regarding the OCIJ (ECCC: 2014, 5). Professor: Sang-Bonn SOTH, LLM. "'! Student: KimKhorn LONG, MA

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The Relation of the ECCC with the International Laws! Case004: The co-prosecutors have been monitoring the evidence and developments in Case

004, responding as necessary and attempting to systematically ensure that they fulfill their disclosure obligations regarding the OCIJ (ECCC: 2014, 5).
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Extraordinary Chamber in the Court of Cambodia, ECCC Court Report Issue 68, (ECCC,

2014, 5) i. The Political Influences and Challenging In the autumn of 2010, Cambodian Prime Minister Hun Sen informed United Nations Secretary-General Ban Ki-moon, during the Secretary-Generals visit to Phnom Penh, Case 003 will not be allowed31. The court will try the four senior leaders successfully and then finish with Case 002. These statements by the Prime Minister were the latest in a series of public comments made by senior Cambodian government officials bearing the same message: the ECCC would shut down after Case 002 was completed (OSJI: 2012, 2). Significant Developments in the Case 003/004 Judicial Investigations since February 2012. Available information at the time of the Justice Initiatives February 2012 Update Report showed that the ECCC was facing some of its worst challenges yet concerning Cases 003/004. The Cambodian government had refused to recognize the legitimate authority of Reserve International Co-Investigating Judge Laurent Kasper-Ansermet (Switzerland). Hiding behind the decision of Cambodias judicial appointing authority, the Supreme Council of the Magistracy (of which ECCC National Co-Investigating Judge You, National Co-Prosecutor Chea Leang, and other highly placed Cambodian ECCC officials are voting members), the Cambodian government effectively blocked the appointment. This direct affront to the provisions of the Agreementwhich are designed to guarantee autonomy on the part of the UN in selecting and nominating its judicial candidateselicited a strong response from many different stakeholders. The UN responded boldly, citing the government for its breach of the Agreement (OSJI: 2012, 9). One of Judge Kasper-Ansermets final actions was to seek to engage the Cambodian Supreme Council of the Magistracy in taking disciplinary action against Judge You for misconduct. Predictably however, the complaint disappeared. The media reported that Ouk Savutha Supreme Council of the Magistracy membersaid the body had never received the filing. In a similarly controversialand probably equally ineffectivemove, Judge Kasper-Ansermet filed a complaint with the Phnom Penh municipal court against unnamed current and former ECCC staff members, alleging interference with the administration of justice. However, when contacted by the media, chief court clerk Prak Savuth said that the documents filed by Judge Professor: Sang-Bonn SOTH, LLM. "(! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws! Kasper-Ansermet did not constitute a formal complaint against any of his colleagues (OSJI:

2012, 10).
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Open Society Justice Initiative, The Future of Cases 003/004 at the Extraordinary Chambers

in the Courts of Cambodia/ a series issued by the examining progress, priorities, and challenges at the ECCC, (OSJI, 2012: 2-10) j. The End of ECCC Mission/ Withdrawal and Dispute Settlement There is no exact provision both in the Agreement between UN and RGC and the ECCC Law about the end mission but according to the Article 28 about the Withdrawal of Cooperation32 stated that Should the Royal Government of Cambodia change the structure or organization of the Extraordinary Chambers or otherwise cause them to function in a manner that does not conform with the terms of the present Agreement, the United Nations reserves the right to cease to provide assistance, financial or otherwise, pursuant to the present Agreement (UN: 2002, 11). Article 29 Settlement of disputes stated that any dispute between the Parties concerning the interpretation or application of the present Agreement shall be settled by negotiation, or by any other mutually agreed upon mode of settlement (UN: 2003, 12).
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General Assembly, Resolution adopted on the report of the Third Committee (A/57/806)

57/228. Khmer Rouge trials/ Recalling its resolution 57/228, (UN, 2003: 12) k. The ECCC Lesson Learned The Office of Administration is a hybrid system33, with separate and distinct administrative rules and regulations covering the national Cambodian component and the international United Nations component. The Acting Director of the Office reports to the Government of Cambodia, while the Deputy Director reports to the United Nations. They collaboratively manage the diverse sections under their authority (UN: 2012, 9). As anticipated by the Secretary-General in his report of 31 March 2003 (A/57/769), the Extraordinary Chambers have faced fundamental challenges. Tackling these challenges effectively has proved to be problematic given the decision-making structure within the Chambers and the oversight arrangements (UN: 2012, 10).
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General Assembly, Report of the Secretary-General of United Nations, (UN, 2012: 9-10)

International judges of the Chambers34 do not comprise a majority in any Chamber and there is neither a president nor a registrar. There is also no equivalent of the close oversight and Professor: Sang-Bonn SOTH, LLM. ")! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws! decision-making exercised by the management committees of the other voluntarily funded

tribunals. Given that the Chambers are part of the national court structure of Cambodia, and that the United Nations plays an assistance role through UNAKRT, the Secretariat has no managerial or administrative authority over the entire court. The United Nations has had to address the challenges set out herein even without decisive judicial, managerial and administrative authority (UN: 2012, 11).
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General Assembly, Report of the Secretary-General of United Nations, (UN, 2012: 11)

Governance structure: The lack of a strong decision-making structure35 within the Extraordinary Chambers has compounded the difficulties in managing them. Each Chamber has a national judge as its President. The absence of an overall president who represents the Court as a whole, with broad decision-making authority over both the national and international components, and of a registrar, with overall administrative and budgetary authority, undermines the coherent management of the judicial and administrative organization of the Chambers. There have been unresolved disparate views from within the Chamber, for example, on the question of whether the Supreme Court Chamber should sit full-time or part-time (UN: 2012, 12).
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General Assembly, Report of the Secretary-General of United Nations, (UN, 2012: 12)

Allegations of political interference: Public statements36 of opposition at the most senior levels of the Government of Cambodia with regard to cases 003 and 004, in addition to the numerous difficulties faced in making progress in the investigation of the two cases, have led to allegations of political interference in the judicial process and lack of cooperation by the Cambodian component of the Extraordinary Chambers. Continuing concerns on the part of the General Assembly about the rule of law and the functioning of the judiciary in Cambodia resulting from interference by the executive were raised in the 2003 report of the SecretaryGeneral (A/57/769) (UN: 2012, 12).
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General Assembly, Report of the Secretary-General of United Nations, (UN, 2012: 12)

The lack of funding37 has already harmed the ability of UNAKRT to appoint new staff and to extend the contracts of existing staff. Late in 2011, and in 2012, contract extensions were issued on a monthly basis, placing staff in an unfavourable situation. In addition, a recruitment freeze was instituted in July 2012, given that the Organization was without the means to enter into and Professor: Sang-Bonn SOTH, LLM. "*! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws! meet additional commitments. The low morale of staff, including judicial officials, is adversely

affecting the effective functioning of the Extraordinary Chambers and the uncertainties regarding financial stability are adding to the already difficult challenges set out above. A recent mission to UNAKRT by the Staff Counsellors Office confirmed that the continuing financial constraints that affected staff contracts and extensions were a factor within the Chambers that was detrimental to the mental health and psychological well-being of the staff. It also independently confirmed the increasingly low morale of UNAKRT staff, who showed continuing signs of tension and anxiety (UN: 2012, 14).
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General Assembly, Report of the Secretary-General of United Nations, (UN, 2012: 14)

Serious allegations38 about corruption on the Cambodian side of the administration of the Chambers were dealt with through the conclusion of an agreement on an independent counselor in 2009. Challenges posed by public statements by senior members of the Government of Cambodia, and allegations of lack of cooperation by the Cambodian component of the Chambers in the investigation in cases 003 and 004, have required significant time and attention on the part of senior officials of the United Nations and will need to be dealt with in order for the success of the Chambers to continue (UN: 2012, 15).
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General Assembly, Report of the Secretary-General of United Nations, (UN, 2012: 15) Recommendations and Discussion

VIII.

a. ECCC alienation from the political influences The Royal Government of Cambodia has to obey the Agreement and stop interfering on the ECCC because The ECCC, the UN, and the courts donors face a serious problem with Cases 003/004: namely, the Cambodian governments political opposition to accountability for Khmer Rouge crimes for all but a small, pre-selected group of persons. To address this problem, the UN, donors, and the courts staff must rededicate themselves to the task at hand and demonstrate increased determination to fulfill the courts missionincluding pursuing Cases 003/004 to their conclusion. As this paper has demonstrated, other options, including transferring cases to a wholly Cambodian jurisdiction or a partial withdrawal by the UN from the ECCC Agreement, are untenable. Justice for the Khmer Rouges victims requires that the court complete all of the cases currently before it.

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The Relation of the ECCC with the International Laws!

b. Independent of Judge and Co-judge The Cambodian Supreme Council of the Magistracy has to obey the international agreement with the United Nations to avoid such a decided case regarding to not appointing Mr. KasperAnsermet as an international investigation judge ever happen again because the delay had affected to the justice finding process. And Cambodian judges, especially investigating judge, in the ECCC has to perform his/her own duty accordance to international and national laws regardless of personal interest or political influences unlike a Cambodian co-investigating judge of Mr. Kasper-Ansermet that not cooperated in Case 003 and 004. c. Shorten and Precise Work Procedure in Administration Work procedure in the administrative department has to be shorten and prcised in order to clear all remaining administrative works in time and it can make the overall work of the court go smoothly. For those rules required by the laws, it has to be maintained but for those rules that are not for the interest of the court work has to be reviewed. d. International responsibility regarding to the budget Urgent and substantial financial contributions are required for the future operations of the Chambers are to be assured and the unpredictable consequences of a lack of funds avoided. To put the judicial proceedings before the Chambers in jeopardy for lack of funds would run counter to the message of no impunity that the Secretary-General has consistently underlined and that has been progressively strengthened through nearly two decades of United Nations and United Nations- assisted criminal tribunals. IX. Conclusion

There is no pure justice in this world. There is only compromised justice by the law of the superior. That means no natural justice but social justice. The path to find justice is a very challenging way of work because human being likes to do wrong than right but they likes to obtain right than wrong and live without responsibility toward themselves and an others. However, in this world there are still plenty of persons love to preserve right and justice for all. The initiative to create ECCC is a role model for the court system in the world and it created by whom care and believe in justice. The process of establishment of the ECCC started since 1997 initiated by the Royal Government of Cambodia through a co-signed letter from the First and Second Prime Minister of Cambodia and then the United Nations General Assembly (UNGA) adopted a resolution 57/228 in December 2002 and the court reached the Agreement in 2003 under the Cambodian Professor: Sang-Bonn SOTH, LLM. #"! Student: KimKhorn LONG, MA

Pa!s!stra University of Cambodia

The Relation of the ECCC with the International Laws! laws along the line of international laws. It needs 6-year of hard work to be born. The court

spent 12-year from 1997 to 2009 to be able to start the first hearing. It involved many people, spent a lot of money, negotiated a lot of words, consumed a lot of time but it means for justice and it worth a lot for the victim of the Pol Pot regime. For the first trail, case 001, started on 17 September 2009 and concluded on 27 November 2010 to charge Duch, head of Toul Sleng prison or S-21 took more than one year to final decision. It was a long awaited trail by thousands of victims who was so anxious to see perpetrator to face justice. Then the Court announced to sentence Duch for life imprisonment. The majority of Cambodian people, 67 percent totally agree with the trail by IRI survey in 2009, are happy with the court decision-making. Then in 2010, the case 002 started at the Pre-Trail Chamber. In 2012, the case 002/1 and 002/2 went through to the Trail Chamber and in 2013 the case 003 and 004 was being in the hand of Pre-Trail Chamber. It needs a lot more time but I believe the justice will be preserved. And it is a strong message to all country leaders around the world including Cambodia to see the consequences of committed crime in every form. The ECCC was recognized as the role model of the hybrid court for the international court system around the world. It is a good time that Cambodian court officials can learn a lot of things from the Extraordinary Chamber in the Court of Cambodia (ECCC) to make the Cambodian judiciary system more strong. X. References

1. Lt. General Saroeun, P. (2014). DIFID Strategy of Decho Sen of Cambodia. 242 2. Lt. General Saroeun, P. (2014). DIFID Strategy of Decho Sen of Cambodia. 243 3. GENERAL ASSEMBLY SECURITY COUNCIL. (1999). Report of the Group of Experts for Cambodia established pursuant to General Assembly resolution 52/135. 7 4. GENERAL ASSEMBLY SECURITY COUNCIL. (1999). Report of the Group of Experts for Cambodia established pursuant to General Assembly resolution 52/135. 6 5. General Assembly. (2003). Resolution adopted on the report of the Third Committee (A/57/806) 57/228. Khmer Rouge trials/ Recalling its resolution 57/228. 2-12 6. United Nations General Assembly. (2012). Report of the Secretary-General A/67/380/. 81 7. Sok, C. (2001). Constitutional Council/ Case No. 038/001/2001/ Decision No. 040/002/2001. 3 8. Ranariddh, N., Sen, H., (1997). Letter dated 21 June 1997 from the First and Second Prime Ministers of Cambodia addressed to the Secretary-General, GENERAL ASSEMBLY Fiftyfirst session Agenda item 110 HUMAN RIGHTS QUESTIONS/ SECURITY COUNCIL/ Fifty-second year/ A/51/930/ S/1997/488. 1 Professor: Sang-Bonn SOTH, LLM. ##! Student: KimKhorn LONG, MA

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The Relation of the ECCC with the International Laws! 9. GENERAL ASSEMBLY SECURITY COUNCIL. (1999). Report of the Group of Experts

for Cambodia established pursuant to General Assembly resolution 52/135. 49 10. GENERAL ASSEMBLY SECURITY COUNCIL. (1999). Report of the Group of Experts for Cambodia established pursuant to General Assembly resolution 52/135. 69 11. GENERAL ASSEMBLY SECURITY COUNCIL. (1999). Report of the Group of Experts for Cambodia established pursuant to General Assembly resolution 52/135. 71 12. GENERAL ASSEMBLY SECURITY COUNCIL. (1999). Report of the Group of Experts for Cambodia established pursuant to General Assembly resolution 52/135. 72 13. United Nations &Royal Government of Cambodia. (2003). AGREEMENT BETWEEN THE UNITED NATIONS AND THE ROYAL GOVERNMENT OF CAMBODIA CONCERNING THE PROSECUTION UNDER CAMBODIAN LAW OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA. 2 14. United Nations &Royal Government of Cambodia. (2003). AGREEMENT BETWEEN THE UNITED NATIONS AND THE ROYAL GOVERNMENT OF CAMBODIA CONCERNING THE PROSECUTION UNDER CAMBODIAN LAW OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA. 3 15. UN &RGC. (2004). Law on the Establishment of the Extraordinary Chambers, with inclusion of amendments as promulgated on 27 October 2004 (NS/RKM/1004/006). 1-3 16. General Assembly. (2003). Resolution adopted on the report of the Third Committee (A/57/806) 57/228. Khmer Rouge trials/ Recalling its resolution 57/228. 3 17. General Assembly. (2003). Resolution adopted on the report of the Third Committee (A/57/806) 57/228. Khmer Rouge trials/ Recalling its resolution 57/228. 2-12 18. Sihanouk, N. (1996). Royal Decree (Reach Kret)/ NS/RKT/0996/72. 1 19. UN &RGC. (2004). Law on the Establishment of the Extraordinary Chambers, with inclusion of amendments as promulgated on 27 October 2004 (NS/RKM/1004/006), LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA. 1-3 20. General Assembly. (2003). Resolution adopted on the report of the Third Committee (A/57/806) 57/228. Khmer Rouge trials/ Recalling its resolution 57/228. 9 21. International Criminal Law Services and Open Society Justice Initiative. (2009). Report. 1 22. General Assembly. (2003). Resolution adopted on the report of the Third Committee (A/57/806) 57/228. Khmer Rouge trials/ Recalling its resolution 57/228. 9 23. Srim, K., Cartwright, S. (2011). EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA INTERNAL RULES (REV.8) AS REVISED ON 3 August 2011. 69 Professor: Sang-Bonn SOTH, LLM. #$! Student: KimKhorn LONG, MA

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24. Srim, K., Cartwright, S. (2011). EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA INTERNAL RULES (REV.8) AS REVISED ON 3 August 2011. 71 25. General Assembly. (2012). Report of the Secretary-General/ United Nations/ A/67/380. 21 26. International Republican Institute. (2009). Survey of Cambodian Public Opinion. 40-43 27. The Center for Justice & Accountability (CJA) &The International Human Rights Law Clinic. (2011). VICTIMS RIGHT TO REMEDY: AWARDING MEANINGFUL REPARATIONS AT THE ECCC. 1 28. Extraordinary Chamber in the Court of Cambodia. (2014). ECCC Court Report Issue 68. 4 29. Extraordinary Chamber in the Court of Cambodia. (2014). ECCC Court Report Issue 68. 5 30. Open Society Justice Initiative. (2012). The Future of Cases 003/004 at the Extraordinary Chambers in the Courts of Cambodia/ a series issued by the examining progress, priorities, and challenges at the ECCC. 2-10 31. General Assembly. (2003). Resolution adopted on the report of the Third Committee (A/57/806) 57/228. Khmer Rouge trials/ Recalling its resolution 57/228. 12 32. General Assembly. (2012). Report of the Secretary-General of United Nations. 9-10 33. General Assembly. (2012). Report of the Secretary-General of United Nations. 11 34. General Assembly. (2012). Report of the Secretary-General of United Nations. 12 35. General Assembly. (2012). Report of the Secretary-General of United Nations. 14 36. General Assembly. (2012). Report of the Secretary-General of United Nations. 15

Professor: Sang-Bonn SOTH, LLM.

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