The 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

See all articles by Goran Sluiter

Goran Sluiter

University of Amsterdam - Faculty of Law; Rethinking SLIC Project

Marc Tiernan

affiliation not provided to SSRN

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

Sluiter, Goran and Tiernan, Marc, The Right to an Effective Defence during ECCC Investigations (November 15, 2019). Forthcoming, Journal of International Criminal Justice, Amsterdam Law School Research Paper No. 2019-34, Amsterdam Center for International Law No. 2019-16, Available at SSRN: https://ssrn.com/abstract=3487567 or http://dx.doi.org/10.2139/ssrn.3487567

Goran Sluiter (Contact Author)

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

Rethinking SLIC Project ( email )

Nieuwe Achtergracht 166, 1000 BA Amsterdam
Amsterdam

Marc Tiernan

affiliation not provided to SSRN

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