Tag Archives: Phat Pouv Seang

ECCC: 002: Trial Chamber Rejects JCEIII

By Editor | Published: October 25, 2011

2011-09-12, Phnom Penh, Cambodia. After reviewing the WWII jurisprudence cited by the ICTY and the STL in support of JCE III, the ECCC Trial Chamber found that the inference drawn by those tribunals that post-WWII convictions were based on JCE III “was not the only possible one based on the surviving record.” As a result, the [...]

Posted in ECCC | Also tagged 002/19-09-2007/ECCC/TC, Andrew Cayley, Ang Udom, applicability, Borkum Island Case, Brima et. al., Chea Leang, common criminal plan, Control Council Law No. 10, customary international law, Diana ELLIS, Duch Judgement, Elisabeth SIMONNEAU FORT, Essen Lynching Case, extended form, form of responsibility, general principle of law, genocidal intent, genocide, ICTY Appeals Chamber, Ieng Sary, Ieng Thirith, Jaques VERGES, JCE I, JCE II, JCE III, Jean-Marc Lavergne, joint criminal enterprise, jurisdictional challenge, Khieu Samphan, Krnojetac, Kvocka, Michael G. Karnavas, Michiel PESTMAN, Munyakazi, Nil Nonn, non-criminal common plan, Nuon Chea, participation, PICH Ang, preliminary objections, Prosecutor v. Tadic, re-characterization, Rule 89, Sa Sovan, SCSL, Silvia Cartwright, Simba, SON Arun, specific intent, Thou Mony, Ulrich and Merkle, Victor KOPPE, Wuelfert, Ya Sokhan | Comments closed

ECCC: Ieng: Request for Annulment of All Investigations Denied

By Editor | Published: June 29, 2010

2010-06-25, Phnom Penh, Cambodia. The Pre-Trial Chamber (PTC) granted the defence’s appeal of the Co-Investigative Judges’ (CIJ) order rejecting the defence’s request for annulment of all investigations. However, the PTC dismissed the request for annulment, after reconsidering it on its merits. Procedural History On December 7, 2009, the defence filed a request to annul all investigations [...]

Posted in ECCC | Also tagged 002/19-09-2007-ECCC/OCIJ, actual bias, Andrew Cayley, application for annulment, apprehended bias, Article 14, bias, burden of proof, Catherine Marchi-Uhel, Chea Leang, CIJ, Co-Investigative Judge, confidentiality, confidentiality of the investigation, Dianna Ellis QC, discretion, documentary, double-hearsay, exculpatory evidence, film crew, harmed interest, hearsay, Huot Vuthy, ICCPR, Ieng Thirith, inculpatory evidence, Internal Rule 21, Internal Rule 56(2)(b), Internal Rule 74(3)(g), Internal Rule 76(2), Internal Rule 76(5), international side, Judge Lemonde, Judge You Bunleng, lack of impartiality, lack of independence, Marcel Lemonde, national side, Ney Thol, objective bias, obligation to act independently, obligation to act jointly, OCIJ, OCP, Office of the Co-Prosecutors, Prak Kimsan, Pre-Trial Chamber, presumption of judicial impartiality, procedural defect, PTC, request for annulment, Rowan Downing, standard of proof, stay of proceedings, subjective bias, witness interview, You Bun Leng | Comments closed

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