The Extraordinary Chambers in the Court of Cambodia have operated from 2006 – present.

Founding Documents

• The UN Security Council adopted Resolution 57/228 on December 18 2002, which affirmed that the violations of Cambodian and international humanitarian law that took place during 1975-1979 continued to be a matter of vitally important concern to the international community as a whole. It also urged the Secretary-General and the Royal Government of Cambodia to take all the measures necessary to allow the draft agreement to enter into force, and affirmed that the expenses of the Extraordinary Chambers would be borne by voluntary contributions from the international community.
• The Agreement between the United Nations and the Royal Government of Cambodia concerning the prosecution under Cambodian law of crimes committed during the period of Democratic Kampuchea (ECCC Agreement) was promulgated on October 27, 2004. It details the cooperation between the UN and the Government of Cambodia in bring to trial senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia committed during the period from April 17 1975 to January 6 1979. It provides the legal basis and the principles and modalities for such cooperation.
• The Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea, as amended and promulgated on Oct. 27, 2004 (ECCC Law), was the tool for implementing the ECCC Agreement. It is Cambodian legislation, situating the court within the domestic legal framework.
• The Internal Rules of the ECCC were adopted on June 12 2007. They describe the court’s organization, the activities and responsibilities of the office of administration, the office of the co-prosecutors, the office of the co-investigating judges, the judicial police and investigators, and the chambers.

Jurisdiction

Chapter II of ECCC Law, Article 2, states that Extraordinary Chambers shall be established in the trial court and the supreme court to bring to trial senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian laws related to crimes, international humanitarian law and custom, and international conventions recognized by Cambodia, that were committed from the period of 17 April 1975-6 January 1979.

Status of Cases

5 people considered to bear the greatest responsibility for crimes committed during the period of Democratic Kampuchea were indicted by the ECCC. Two indictees died during their proceedings, and three have been convicted and are serving life sentences in Cambodia.

Cases:

• 001 – Kaing Guek Eav (alias Duch)
• 002 – Four defendants indicted: Nuon Chea, Khieu Samphan leng Sary and leng Thirith
• 003 – Meas Muth. Investigation against Sou Met terminated in 2015 following his death.
• 004 – Three defendants were charged in 004:
  • Im Chaem, Ao An, Yim Tith
  • Investigations against Ao An closed in 2016
  • Case against Im Chaem was dismissed in 2017, and the investigation of Yim Tith continues

Literature Review

Structure