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Dec 14
2009

Recent developments at the ECCC

Posted by in Wayne Bastin , Marcel Lemonde , Joint Criminal Enterprise , Andrew Cayley

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.

Oct 17
2009

Lawyers call for Lemonde's removal

Posted by in Wayne Bastin , Marcel Lemonde , Khieu Samphan , Ieng Sary , Hun Sen

My apologies for playing catch-up on this post. I am just returning from a trip to the provinces and was not around to cover two stories of note:

No. 1: On October 7, the tribunal made public six summons letters, dated September 25 and bearing the signature of International Co-Investigating Judge Marcel Lemonde, requesting that six government officials - Senate President Chea Sim, National Assembly President Heng Samrin, Foreign Minister Hor Namhong, Finance Minister Keat Chhon and two CPP senators – appear at the tribunal to provide testimony “in the framework of the investigation under way against Nuon Chea, Ieng Sary, Khieu Samphan and other leaders”.

The following day Prime Minister Hun Sen weighed in, saying the officials' testimony could prejudice the tribunal's second case. Speaking at Chaktomuk Theatre, he said: “These [officials] made the Pol Pot regime collapse, and they adopted the law on the Khmer Rouge tribunal, so if they go as witnesses, it would make the accused persons guilty. How is justice to be done? My main problem is that turning the plaintiffs into witnesses would doom the accused.”