A New Model of International Criminal Procedure?: The Progress of the Duch Trial at the ECCC

Posted: 22 Dec 2009

See all articles by Kate Gibson

Kate Gibson

University of Cambridge - Lauterpacht Centre for International Law

Daniella Rudy

affiliation not provided to SSRN

Date Written: November 2009

Abstract

Much has been written about the trial procedure at the Extraordinary Chambers in the Courts of Cambodia (ECCC), particularly its civil law orientation and its novel aspects when compared to the relatively consistent procedural approach adopted by the ad hoc Tribunals and the Special Court for Sierra Leone. Several months into the first ECCC trial, many of the procedural innovations, which attracted the attention of commentators, are now being put into practice. Moreover, as the original end-date for the trial has come and gone, despite the numerous admissions of the accused, the Chamber has developed procedural restrictions in an attempt to speed up the trial proceedings. Although a definitive assessment of the ECCC's procedural approach will only become possible at the end of this first trial, a mid-term review is warranted. This is particularly so in light of the evolution of the role of civil parties in the proceedings, given that the participation of victims in international criminal proceedings remains in its early stages.

Suggested Citation

Gibson, Kate and Rudy, Daniella, A New Model of International Criminal Procedure?: The Progress of the Duch Trial at the ECCC (November 2009). Journal of International Criminal Justice, Vol. 7, Issue 5, pp. 1005-1022, 2009. Available at SSRN: https://ssrn.com/abstract=1525275 or http://dx.doi.org/mqp070

Kate Gibson

University of Cambridge - Lauterpacht Centre for International Law ( email )

Lauterpacht Centre for International Law
5 Cranmer Centre
Cambridge, CB3 9BL
United Kingdom

Daniella Rudy

affiliation not provided to SSRN

No Address Available

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