ECCC Appeals Appraising the Supreme Court Chamber’s Interventions

Sergey Vasiliev, ECCC Appeals: Appraising the Supreme Court Chamber’s Interventions, Journal of International Criminal Justice, Volume 18, Issue 3, July 2020, Pages 723–745,

Amsterdam Law School Research Paper No. 2020-74

Amsterdam Center for International Law No. 2020-37

24 Pages Posted: 15 Dec 2020

See all articles by Sergey Vasiliev

Sergey Vasiliev

Department of Criminal Law; University of Amsterdam - Amsterdam Center for International Law

Date Written: December 15, 2020

Abstract

The appellate stage of the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC) has received more limited attention than its pre-trial and trial process. In order to partially remedy this gap, this article highlights the unique features of the ECCC appellate system and how the Supreme Court Chamber (SCC) has given them effect in practice. Firstly, I consider the SCC’s restricted jurisdiction over immediate appeals and failed attempts by its judges to extend such appeals to jurisdictional questions. Secondly, I discuss the scope and powers of appellate review by the SCC in respect of alleged errors of law and fact, focusing on its innovative formulation of the standard of review of factual errors. This qualified deference standard has proven to be of broader import as it has informed the International Criminal Court Appeals Chamber's majority approach in the Bemba case. Thirdly, I focus on the SCC’s intervention in one area, namely the ECCC’s personal jurisdiction, and its reading of the ‘most responsible’ parameter as a non-jurisdictional and judicially unreviewable criterion. Taking cues from these landmark decisions, I appraise the SCC’s role in delivering fair and expeditious justice and securing the viability of the ECCC’s mission while acknowledging the more contentious aspects of its track record without which no account of its emerging legacy would be complete or balanced.

Keywords: International law, SCC

JEL Classification: K33

Suggested Citation

Vasiliev, Sergey, ECCC Appeals Appraising the Supreme Court Chamber’s Interventions (December 15, 2020). Sergey Vasiliev, ECCC Appeals: Appraising the Supreme Court Chamber’s Interventions, Journal of International Criminal Justice, Volume 18, Issue 3, July 2020, Pages 723–745,, Amsterdam Law School Research Paper No. 2020-74, Amsterdam Center for International Law No. 2020-37, Available at SSRN: https://ssrn.com/abstract=3749174 or http://dx.doi.org/10.2139/ssrn.3749174

Sergey Vasiliev (Contact Author)

Department of Criminal Law ( email )

REC A919
Faculty of Law University of Amsterdam
Amsterdam, 1001NB
Netherlands

University of Amsterdam - Amsterdam Center for International Law ( email )

REC A919
Faculty of Law University of Amsterdam
Amsterdam, 1001NB
Netherlands

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