The grave breaches charges at the ECCC : an analysis of international humanitarian law in the Duch case
Author zone:
Noëlle Quénivet
In:
The Extraordinary Chambers in the Courts of Cambodia : assessing their contribution to international criminal law
Editor:
The Hague : T.M.C. Asser Press, 2016
Physical description:
p. 353-373
Languages:
English
General Note:
Bibliographie : p. 371-373
Abstract:
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.
By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. Learn more