Contents
1 Introduction: An Extraordinary Court...1
2 Trials and Tribulations: The Long Quest for Justice for the Cambodian Genocide... 13
3 Allegations of Political Interference, Bias and Corruption at the ECCC... 45
4 The 1979 Trial of the People's Revolutionary Tribunal and Implications for ECCC... 77
5 Expectations, Challenges and Opportunities of the ECCC... 103
6 The Legacy of the ECCC...123
7 The Duch Case: The ECCC Supreme Court Chamber's Review of Case 001...159
8 The Case 002/01 Trial Judgment: A Stepping Stone from Nuremberg to the Present?...181
9 The Theory of Joint Criminal Enterprise at the ECCC: A Difficult Relationship...203
10 Legal Constraints in the Interpretation of Genocide...255
11 Forced Transfer and Customary International Law: Bridging the Gap Between Nuremberg and the ICTY...291
12 Issues of Sexual and Gender-Based violence at the ECCC...321
13 The Grave Breaches Charges at the ECCC: An Analysis of International Humanitarian Law in the Duch Case... 353
14 Past Crimes and the Effect of Statutory Limitations on the ECCC...375
15 Trial Process at the ECCC: The Rise and Fall of the Inquisitorial Paradigm in International Criminal Law?...389
16 Managing Enormous Mass Crimes Indictments: The ECCC Severance Experiment... 435
17 Frail Accused and Fitness to Stand Trial...461
18 The Admission of Torture Statements into Evidence...491
19 Recognizing the Limits of Victims Participation: A Comparative Examination of the Victim Participation Schemes at the ECCC and the ICC... 515
20 Legal Developments of Civil Party Participation at the ECCC...535

This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC).

The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence.

Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany. Formerly he was a Legal Advisor to a human rights organization in Cambodia.