The Crime of Obedience

by David Scheffer, Professor and Director of the Center for International Human Rights, Northwestern University School of Law
— 26 Nov, 2009

On Thursday, November 26, 2009, international defense counsel François Roux rose to deliver about four hours of closing arguments in the trial of Kaing Guek Eav (alias Duch) before the Extraordinary Chambers in the Courts of Cambodia (ECCC). He made two dramatic announcements at the outset: 1) he had to revise his pleadings overnight in light of the argument made by his co-counsel, Cambodian Kar Savuth, on November 25, and 2) this would be his last pleadings as a lawyer. In the latter respect, Roux said that it had been 37 years since he took the oath as a lawyer and at the end of this day he would be taking off his gown. He will head up the defense office of the Special Tribunal of Lebanon in The Hague and continue his commitment to the service of international criminal justice. He dedicated his words during the day to his grandchildren and to the young generations, particularly the young female lawyers on the civil party counsel teams in the courtroom.

Roux continued that “to stand up and speak in defense is what makes our job noble.” He stood “beside one accused of one of the most serious crimes imaginable—crimes against humanity. When I hear such a plethora of mistruths by the co-prosecutors and not hear anything of our humanity, of how the accused has provided the co-prosecutors with the bulk of the charges against him, then I stand tall as a defender.”…

Read more: ctm_blog_11-26-2009

Cambodia Tribunal Monitor’s Trial Observer posts are written according to the personal observations and opinions of the writer and do not constitute a transcript of ECCC proceedings or the views of Cambodia Tribunal Monitor and/or its partners. Official court transcripts for the ECCC’s hearings may be accessed at the ECCC website.