The application of grave breaches at the Extraordinary Chambers in the Courts of Cambodia
Author zone:
Kristin Rosella, Göran Sluiter and MarcTiernan
In:
Asia-Pacific perspectives on international humanitarian law
Editor:
Cambridge : Cambridge University Press, 2020
Physical description:
p. 564-585
Languages:
English
Abstract:
The Extraordinary Chambers in the Courts of Cambodia (ECCC) is a hybrid court established to prosecute the senior leaders of the Democratic Kampuchea (DK) and those persons most responsible for the crimes committed between 17 April 1975 and 6 January 1979. The subject-matter jurisdiction of the Court includes crimes against humanity, genocide, grave breaches of the four Geneva Conventions of 12 August 1949 (Geneva Conventions), and serious violations of the Cambodian Penal Code of 1956. This chapter focuses on ECCC law concerning the prosecution of grave breaches resulting from the international armed conflict (IAC) between Cambodia and Vietnam. It examines to what extent the ECCC contributes to the development of international humanitarian law (IHL), including whether its jurisprudence is consistent with other international jurisprudence and whether, more broadly, the Court interprets and applies grave breaches in accordance with the state of the law in 1975 and current demands of fairness.
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