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Case 002/02 Against Khieu Samphan (E.C.C.C. Sup. Ct. Chamber)
Published online by Cambridge University Press: 20 November 2023
Extract
On September 22, 2022, the Supreme Court Chamber (SCC) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) pronounced its judgment against Khieu Samphan, a key figure in the Khmer Rouge regime that ruled the country in the late 1970s. The appellate SCC upheld the Trial Chamber's conviction of Khieu Samphan for war crimes and genocide, as well as all but two convictions against him for crimes against humanity. The SCC also found him responsible for additional crimes and affirmed his life sentence. On December 23, 2022, the court published the full written judgment, bringing to a close Case 002/02, the third and final trial at the ECCC.
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- Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of The American Society of International Law
Footnotes
This article has been updated since its original publication. Please see DOI: https://doi.org/10.1017/ilm.2023.53.
References
ENDNOTES
1 Transcript of Appeal Judgment: Public, Case File No. 002/19-09-2007-ECCC/SCC (Sept. 22, 2022).
2 Law on the Establishment of the Extraordinary Chambers, with inclusion of amendments as promulgated on October 27, 2004 (NS/RKM/1004/006), art. 1.
3 The Trial Chamber also found Nuon Chea guilty of genocide against Cham Muslims.
4 Case 002/02 Judgment, Case File No. 002/19-09-2007-ECCC/SCC (Nov. 16, 2018).
5 Id. Parts IV–VI.
6 Id. ¶¶ 687–89.
7 Id. ¶¶ 739–51.
8 Id. ¶¶ 871–82.
9 Id. ¶¶ 886–88.
10 Id. ¶¶ 961–66.
11 Id. ¶ 1138.
12 Id. ¶¶ 1534–63.
13 Id. ¶¶ 1635–38.
14 Id. Part VIII(A).
15 Id. ¶ 1816.
16 Id. ¶ 1876.
17 Id. ¶ 1893.
18 Id. ¶ 1949 (referencing Case 002/01 Appeal Judgment, Case File No. 002/19-09-2007-ECCC/SCC (Nov. 23, 2016), ¶¶ 808, 1054).
19 Id. Part VIII(B)(9).
20 Id. ¶ 2069.
21 Juliette Rémond Tiedrez, On the rape of men in the context of forced marriages at the Extraordinary Chambers in the Courts of Cambodia, EJIL:Talk! (Apr. 1, 2023), https://www.ejiltalk.org/on-the-rape-of-men-in-the-context-of-forced-marriages-at-the-extraordinary-chambers-in-the-courts-of-cambodia.
22 Rachel Killean, Symposium on the ECCC: The Case 002/02 Appeal Judgment's Implications for Genocide Recognition in Cambodia, Opinio Juris (Oct. 31, 2022), http://opiniojuris.org/2022/10/31/symposium-on-the-eccc-the-case-002-02-appeal-judgments-implications-for-genocide-recognition-in-cambodia. See also Sarah Williams, Khmer Rouge Tribunal Leaves a Mixed Legacy, East Asia Forum (Nov. 10, 2022), https://www.eastasiaforum.org/2022/11/10/khmer-rouge-tribunal-leaves-a-mixed-legacy.
23 Human Rights Watch, Khmer Rouge Convictions: “Too Little, Too Late” (Aug. 8, 2014), https://www.hrw.org/news/2014/08/08/Cambodia-khmer-rouge-convictions-too-little-too-late.
24 See Rosemary Grey & Rachel Killean, Communicating Justice: Cambodian Press Coverage of the ECCC's Final Judgment, Int'l Crim. L. Rev. 1-35 (2023).
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