The application of grave breaches at the Extraordinary Chambers in the Courts of Cambodia
Kristin Rosella, Göran Sluiter and MarcTiernan
Asia-Pacific perspectives on international humanitarian law
Cambridge : Cambridge University Press, 2020
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.
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