Abstract
Abstract This article discusses a number of substantive law developments at the Extraordinary Chambers in the Courts of Cambodia (ECCC) after the issuance of the trial judgment in Case 002/02 against Nuon Chea and Khieu Samphan. It focuses on three themes emblematic of the Khmer Rouge era’s unique set of facts: the identification of targeted groups, male victims of rape in the context of forced marriage and the mens rea standard of indirect intent or dolus eventualis. These themes are distilled from the most pertinent jurisprudential developments regarding a number of specific crimes and a mode of liability: persecution on political grounds, genocide, other inhumane acts through conduct characterized as rape in the context of forced marriage, extermination and joint criminal enterprise. This article posits that these substantive law developments have an important place in international criminal law’s corpus as a rare stepping stone between the post-World War II trials and the modern-day international criminal courts and tribunals.
Highlights
What was part of customary international law as of 1975? Every substantive law query at the Extraordinary Chambers in the Courts of Cambodia (ECCC) starts with this question, rendering subsequent international jurisprudence of uva.nl]** Prof
This article discusses a number of substantive law developments at the Extraordinary Chambers in the Courts of Cambodia (ECCC) after the issuance of the trial judgment in Case 002/02 against Nuon Chea and Khieu Samphan
The ECCC is an often-overlooked institution in the international criminal justice field
Summary
What was part of customary international law as of 1975? Every substantive law query at the Extraordinary Chambers in the Courts of Cambodia (ECCC) starts with this question, rendering subsequent international jurisprudence of. For the ECCC, this has meant having to deal with rarely adjudicated facts where victims were targeted en masse for various — at times obscure — reasons, making fairly labelling the Khmer Rouge’s abuses a challenge This article takes these two unique aspects of the ECCC’s work as its point of departure, which entails being mindful of how facts can shape law while going back 45 years in time on the customary international law timeline. The article focuses on three themes emblematic of the Khmer Rouge era’s unique set of facts: the identification of targeted groups, male victims of rape in the context of forced marriage and the mens rea standard of indirect intent or dolus eventualis These themes are distilled from the most pertinent jurisprudential developments regarding a number of specific crimes and a mode of liability, which this article addresses in the following order. This article includes brief considerations on the role of customary international law (Section 5)
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