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A Well-reasoned opinion? Critical analysis of the first case against the alleged senior leaders of the Khmer Rouge (case 002/01)

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Title: A Well-reasoned opinion? Critical analysis of the first case against the alleged senior leaders of the Khmer Rouge (case 002/01)
Authors: Cohen, David
Hyde, Melanie
Van Tuyl, Penelope
Fung, Stephanie
LC Subject Headings: Trials (Crimes against humanity) - Cambodia
Judgments - Cambodia
Nuon Chea, 1926- - Trials, litigation, etc.
Khieu Samphan - Trials, litigation, etc.
Crimes against humanity - Cambodia
Issue Date: 2015
Publisher: Honolulu, HI : East-West Center
Abstract: On 7 August 2014, the Extraordinary Chambers in the Courts of Cambodia (ECCC) reached an important institutional milestone when the Court published its long-awaited Trial Judgment in the first case against two of the surviving alleged senior leaders of the Khmer Rouge--Nuon Chea and Khieu Samphan ("Case 002/01"). The Court found both men guilty of crimes against humanity, and sentenced them each to life imprisonment, while awarding "moral and collective reparations" to the 3,869 Civil Parties participating in the trial. Despite hopes that the five-year process of judicial investigation, trial, deliberation, and Judgment-drafting would produce a rigorous and insightful final product, in reality, as this report argues, the Case 002/01 Judgment fails to deliver the most fundamental output one expects from a criminal trial--systematic application of the elements of crimes to a well-documented body of factual findings. Based, in part, on insight gained from the continuous presence of a team of trial monitors throughout trial, this report provides commentary on how a contentious and confusing trial process in Case 002/01 ultimately produced a similarly problematic final Judgment.
Description: For more about the East-West Center, see http://www.eastwestcenter.org/
Pages/Duration: viii, 98 p.
URI/DOI: http://hdl.handle.net/10125/38701
Appears in Collections:E-W Center Books, Reports, and Other Printed Media



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