Download This PaperThe Right to an Effective Defence during ECCC Investigations
Forthcoming, Journal of International Criminal Justice
Amsterdam Law School Research Paper No. 2019-34
Amsterdam Center for International Law No. 2019-16
27 Pages Posted: 18 Nov 2019 Last revised: 20 Jul 2020
Date Written: November 15, 2019
Abstract
The present article seeks to explore and discuss to what extent the position of the defence in the course of investigations before the Extraordinary Chambers in the Courts of Cambodia (ECCC) is in conformity with fair trial norms and sufficiently robust to ensure high-quality fact-finding. After recalling the general features and structure of the ECCC proceedings at the pre-trial stage, the authors critically assess how the inquisitorial imprint given to the ECCC investigation phase has ultimately affected the rights of the suspects and accused to an effective defence.
Keywords: international criminal procedure, international criminal law, international criminal justice, ECCC, Co-Investigating Judges, fair trial, pre-trial chamber
JEL Classification: K14, K33, K41, K42, K4
Suggested Citation: Suggested Citation