Home -> Law Blog Directory -> Criminal Law Blogs -> AIDP Blog

Criminal Law

: AIDP Blog

Cambodia Tribunal Issues Controversial JCE Decision

By International Association of Penal Law

On May 20, 2010, the Pre-Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) issued its long-awaited decision on whether Joint Criminal Enterprise Liability will apply to the upcoming trial of the former leaders of the Khmer Rouge.  See Decision on the Appeals Against the Co-Investigating Judges Order on JCE: http://www.eccc.gov.kh/english/court_doc.list.aspx?courtDocCat=case_docs .  In its 69-page decision, the Pre-Trial Chamber agreed with the Prosecution that the forms of JCE known as JCE I and JCE II were part of customary international law and were therefore applicable to the Cambodia Tribunal.  The Pre-Trial Chamber, however, agreed with the Defense that Nuremberg and its progeny did not constitute sufficient state practice to crystallize JCE III as customary international law when the atrocities in Cambodia were committed (1975-1979)...continue to full post

Full post as published by AIDP Blog on May 25, 2010 (boomark / email).