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

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