The Negotiating History of ECCC’s Personal Jurisdiction

by David Scheffer
— 22 May, 2011

The Extraordinary Chambers in the Courts of Cambodia (“ECCC”) face two considerable challenges, one by convicted defendant Kaeng Guek Eav (alias “Duch”) and the other by the Co-Investigating Judges and the Co-Prosecutors. The first is a straight courtroom brawl that should be easily settled by the judges. The second is far more contentious and has led many observers of the ECCC to challenge its very legitimacy and future. But now both of the Co-Prosecutors and the Co-Investigating Judges have begun to battle among themselves publicly. The integrity of the ECCC hangs in the balance. The pathway is discoverable, but it will take some common sense and courage to find the markers and act responsibly. As I have listened to oral arguments and read and studied the publicly available documents and media reports on these two situations, I am struck by how a distorted view of the personal jurisdiction of the ECCC still appears to deeply influence the work of those whose responsibility lies with an accurate reading of the ECCC Law and the UN-RGC Agreement…

Read more: ctm_blog_05-22-2011

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.