19 mai 2016

OUVRAGE : S.M. Meisenberg, I. Stegmiller (eds.), The Extraordinary Chambers in the Courts of Cambodia: Assessing their Contribution to International Criminal Law

Kadidiatou HAMA

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.

1. Simon M. Meisenberg & Ignaz Stegmiller, Introduction: An Extraordinary Court

PART I. Assessing the History, Establishment, Judicial Independence and Legacy

2. Helen Jarvis, Trials and Tribulations: The Long Quest for Justice for the Cambodian Genocide
3. Shannon Maree Torrens, Allegations of Political Interference, Bias and Corruption at the ECCC
4. Frank Selbmann, The 1979 Trial of the People’s Revolutionary Tribunal and Implications for ECCC
5. Jeudy Oeung, Expectations, Challenges and Opportunities of the ECCC
6. Viviane E. Dittrich, The Legacy of the ECCC

PART II. Assessing the Contributions to Substantive International Criminal Law 

7. Franziska C. Eckelmans, The Duch Case: The ECCC Supreme Court Chamber’s Review of Case 001
8. Russell Hopkins, The Case 002/01 Trial Judgment: A Stepping Stone from Nuremberg to the Present?
9. Lachezar Yanev, The Theory of Joint Criminal Enterprise at the ECCC: A Difficult Relationship
10. Mélanie Vianney-Liaud, Legal Constraints in the Interpretation of Genocide
11. Nathan Quick, Forced Transfer and Customary International Law: Bridging the Gap Between Nuremberg and the ICTY
12. Valerie Oosterveld & Patricia Viseur Sellers, Issues of Sexual and Gender-Based Violence at the ECCC
13. Noëlle Quénivet, The Grave Breaches Charges at the ECCC: An Analysis of International Humanitarian Law in the Duch Case
14. David Boyle, Past Crimes and the Effect of Statutory Limitations on the ECCC

PART III. Assessing the Contributions to International Criminal Procedure

15. Sergey Vasiliev, Trial Process at the ECCC: The Rise and Fall of the Inquisitorial Paradigm in International Criminal Law?
16. Anne Heindel, Managing Enormous Mass Crimes Indictments: The ECCC Severance Experiment
17. Roger L. Phillips, Frail Accused and Fitness to Stand Trial
18. Tobias Thienel, The Admission of Torture Statements into Evidence
19. Binxin Zhang, Recognizing the Limits of Victims Participation: A Comparative Examination of the Victim Participation Schemes at the ECCC and the ICC
20. Ignaz Stegmiller, Legal Developments of Civil Party Participation at the ECCC
Table of Cases

Simon M. MEISENBERG, Ignaz STEGMILLER (eds.),  The Extraordinary Chambers in the Courts of Cambodia: Assessing their Contribution to International Criminal Law, Cham, Springer, 2016 (605 pp.)

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