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Abstract
On 23 and 25 September 2008, the Pre-Trial Chamber (PTC’) of the Extraordinary Chambers of the Courts of Cambodia (ECCC’) invited Prof. Cassese, Prof. Ambos and the Center for Human Rights and Legal Pluralism of McGill University to submit, as amici curiae, written briefs in the case against Kaing Guek Eav, alias DUCH1 (alleged chairman of the headquarters of a special branch of the Kampuchean Republic secret police known as S-21 from March 1976 to January 1979). The following two issues were posed to the amici curiae: (a) the development of the theory of joint criminal enterprise and the development of the definition of this mode of liability, with particular reference to the time period 1975–1979; and (b) whether joint criminal enterprise can be applied before the ECCC taking into account the fact that the crimes were committed in the period 1975–1979.
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