The grave breaches charges at the ECCC : an analysis of international humanitarian law in the Duch case
The Extraordinary Chambers in the Courts of Cambodia : assessing their contribution to international criminal law
The Hague : T.M.C. Asser Press, 2016
Bibliographie : p. 371-373
This chapter examines an issue examined by the Extraordinary Chambers in the Courts of Cambodia that has been less discussed, that of the crimes related to the international armed conflict between Cambodia and Vietnam. In Duch the Court reluctantly sets itself to the task, finding the appellant guilty of a range of grave breaches including wilful killing, torture and wilful deprivation of the rights of fair and regular trial. The judgment can be criticised for a number of reasons, notably for making comments that lack solid legal support and/or cogent arguments as well as for misinterpreting the law as it was at the time the crimes were perpetrated.