Tag Archives: Closing Order

ECCC: 002: No Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity

By Editor | Published: November 2, 2011

2010-10-26, Phnom Penh, Cambodia. The Trial Chamber granted the Co-Prosecutors’ motion to exclude armed conflict nexus requirement from the definition of crimes against humanity. This decision effectively reversed the Pre-Trial Chamber’s decision holding that it was not clear whether a nexus to armed conflict was part of the customary international law definition of crimes against humanity [...]

Posted in ECCC | Also tagged 002/19-09-2007/ECCC/TC, 1954 ILC Draft Code, 1975-1979, Ad Hoc Committee on, admissibility, Amended Closing Order, Andrew Cayley, Angudom, Apartheid, Article 5, Chea Leang, Convention, crimes against humanity, customary international law, Diana ELLIS, ECCC, ECCC Law, Einsatzgruppen, Elisabeth SIMONNEAU FORT, Extraordinary Chambers in the Courts of Cambodia, Flick, Genocide Convention, Ieng Sary, Ieng Thirith, in dubio pro reo, International Criminal Court, International Law Commission, Jaques VERGES, Jean-Marc Lavergne, Justice, Khieu Samphan, linkage to armed conflict, Michael G. Karna V As, Michiel PESTMAN, nexus to armed conflict, Nil Nonn, Nuonchea, Pha T Pouv Seang, PICH Ang, Pre-Trial Chamber, principle of legality, Rule 89(1)(a), Rule 98, Rule 98(2), Sa Sovan, Silvia Cartwright, SON Arun, statute of limitations, temporal jurisdiction, the Establishment of the ICC, Thou Mony, Victor KOPPE, Ya Sokhan | Comments closed

ECCC: Khieu: The Chamber Finds No Abuse of Process Arises From Failing to Translate Documents, 3-Year Delay to Start Trial and Lack of Access to the Court File. The Chamber Promises to Address the Principle of Legality Later in Other Cases

By Editor | Published: January 23, 2011

2011-01-12, Phnom Penh. The Chamber found the Accused application for stay of proceedings for abuse of process inadmissible. Grounds in the Application: (1) problems related to the translation of documents: - no translation of some documents – footnotes of the Closing Order, some of the evidentiary material, the Final Submission, 232 decisions and 3,850 documents [...]

Posted in ECCC | Also tagged absent, abuse of process, access, Andrew Cayley, appeal, application, Cambodian law, case file, Chea Leang, Democratic Kampuchea, Documentation Centre of Cambodia, egregious violation, errors, Final Submission, foreseeability, French, glossary, impartiality, international law, jurisdiction, Khieu Samphan, lack, merits, miscarriage of justice, nullum crimen sine lege, Office 870, poor quality, principle of legality, proportionality test, public presumption of guilt, rectification, remedy, Sa Sovan, sense of justice, Siegried Blunk, threshold, translation, unjustified delays, unreasonable delays, You Bunleng | Comments closed

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