The Right to Appeal a Judgment of the Extraordinary Chambers in the Courts of Cambodia

36 Pages Posted: 18 May 2016

See all articles by Lily O'Neill

Lily O'Neill

University of Melbourne - Law School

Goran Sluiter

University of Amsterdam - Faculty of Law; Rethinking SLIC Project

Date Written: October 1, 2009

Abstract

This article examines Extraordinary Chambers in the Courts of Cambodia (ECCC) appellate procedure from the perspective of comparative criminal procedure, international human rights law and the appellate regimes applied at international criminal tribunals. The ECCC are no exception to the traditional tension between fairness and efficiency that exists in criminal proceedings across all legal systems. An additional dimension for the Chambers to consider, however, is the extreme pressure on achieving expeditious justice: pressure that comes about as a result of both the Chambers’ limited resources and the extreme age of the accused. This article critically assesses whether the unique circumstances of the ECCC disproportionately affect the law of appeals.

Keywords: international criminal law, international criminal procedure, right to appeal a criminal conviction

Suggested Citation

O'Neill, Lily and Sluiter, Goran, The Right to Appeal a Judgment of the Extraordinary Chambers in the Courts of Cambodia (October 1, 2009). Melbourne Journal of International Law, Vol. 10, No. 2, 2009. Available at SSRN: https://ssrn.com/abstract=2781577

Lily O'Neill (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Goran Sluiter

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

Rethinking SLIC Project ( email )

Nieuwe Achtergracht 166, 1000 BA Amsterdam
Amsterdam

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