The Phnom Penh Post

International Co-Prosecutor Andrew Cayley gave an interesting presentation at Rutgers on Wednesday, but unfortunately, he did not want to comment on the record about allegations of political interference at the tribunal (particularly in relation to Cases 003 and 004). It would be safe to say, however, in the comments he did make, Cayley expressed "very grave concerns" about the conduct of Cases 003 and 004, as reported in today's Post.

Moreover, Cayley referenced the recent decisions by the Pre-Trial Chamber related to his appeal against a retraction order related to Case 003. Although the chamber found against his appeal, the vote regarding the civil party application of New Zealander Rob Hamill was split along national/international lines, with international judges writing a substantial dissenting opinion questioning the integrity of the Co-Investigating Judges' conduct in Case 003. Read more about it here.

In a public statement released Thursday, Cayley quoted extensively from this dissenting opinion, listing the following findings of the international judges:

Amid renewed challenges to the credibility of the Khmer Rouge tribunal, international Co-Prosecutor Andrew Cayley will be speaking at Rutgers later this month. The event is scheduled for October 26 and will take place in the Newark Center for Law and Justice. It will be interesting to see how Cayley responds to questions related to recent controversies surrounding investigation of Cases 003 and 004.

In a recent opinion piece for The Wall Street Journal, law professor John Hall called out the tribunal's Cambodian co-prosecutor and investigating judges for seemingly obstructing investigations of additional cases. He writes that the lack of independence of the court from the Cambodian government (namely Prime Minister Hun Sen),

"has shown itself most evidently when the international community wanted to broaden the Tribunal beyond the five original defendants. Prime Minister Hun Sen has repeatedly voiced his opposition to broadening, on one occasion informing U.N. Secretary Ban Ki-moon that further prosecutions would not be 'allowed.' By impeding the Tribunal, Mr. Hun Sen is able to maintain political control of the process while also shaping the narrative of the Khmer Rouge era so that only a few individuals appear culpable.

Like many journalists, I received a somewhat peculiar message from the Co-Investigating Judges on Thursday. It read that the judges, "have credible information that the content of the Second Introductory Submission which is classified as confidential, has been divulged by a disloyal staff member of the ECCC," and issued a warning "that anyone publishing information from this confidential document is liable to be subjected to proceedings for Interference with the Administration of Justice pursuant to Internal Rule 35."

As James O'Toole explains in today's Post, this warning came in response to an article from the Christian Science Monitor that quoted extensively from the 2008 document. In the document, prosecutors outline allegations against former Khmer Rouge navy commander Meas Mut and air force commander Sou Met. The Monitor article also contends that the leaked document casts doubt on the court's ability to operate independently and suggests that the investigation of Case 003 was inadequate.

After dissemination of the memo related to the "disloyal staff member," activist Theary Seng issued a statement praising the ECCC employee's actions. On behalf of the Association of Khmer Rouge Victims in Cambodia, she wrote:

Cambodia Tribunal Monitor has a post-verdict interview posted with international co-prosecutor Andrew Cayley and deputy prosecutor William Smith in which they talk about the judgment and compare the ECCC to other international tribunals at which they've worked. CTM has also posted an interview with John Ciorciari, a senior legal adviser at DC-Cam, as well as video of the verdict itself.

CTM Interviews International Co-Prosecutor Andrew Cayley and Deputy International Co-Prosecutor William Smith - Part 1 from Cambodia Tribunal Monitor on Vimeo.

Several events of note so far this month:

1. The tribunal on December 2 announced the appointment of veteran war crimes lawyer Andrew Cayley as international co-prosecutor, filling a position that was left vacant by the departure of Robert Petit in September.

2. Judges ruled on December 8 that joint criminal enterprise, a controversial form of liability under which suspects can be found responsible for crimes committed as part of a common plan, could apply at the tribunal, setting the stage for further debate on the issue between prosecutors and lawyers for the four regime leaders awaiting trial.