Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for
the Prosecution of Crimes Committed During the Period of Democratic Kampuchea
Chapter I
General Provisions
Article 1
The purpose of this law is to bring to trial senior leaders of Democratic Kampuchea
and those who were most responsible for the crimes and serious violations of Cambodian
penal law, international humanitarian law and custom, and international conventions
recognized by Cambodia, that were committed during the period from 17 April 1975
to 6 January 1979.
Chapter II
Competence
Article 2
Extraordinary Chambers shall be established in the existing court structure, namely
the trial court, the appeals court, and the supreme court, to bring to trial senior
leaders of Democratic Kampuchea and those who were most responsible for crimes and
serious violations of Cambodian penal law, international humanitarian law and custom,
and international conventions recognized by Cambodia, and which were committed during
the period from 17 April 1975 to 6 January 1979.
Senior leaders of Democratic Kampuchea and those who were most responsible are hereinafter
designated as "Suspects".
Article 3
Extraordinary Chambers shall have the power to bring to trial all Suspects who committed
any of the crimes set forth in the 1956 Penal Code of Cambodia and which were committed
during the period from 1975 to 1979:
- Homicide (Articles 501, 503, 504, 505, 506, 507, and 508)
- Torture (Article 500)
- Religious Persecution (Articles 209 and 210)
The statute of limitations set forth in the 1956 Penal Code shall be extended
for an additional 20 years for the crimes enumerated above, which are within the
jurisdiction of the Extraordinary Chambers.
Article 4
The Extraordinary Chambers shall have the power to bring to trial all Suspects who
committed during the period 1975 to 1979 the crimes of Genocide as defined in the
Convention on the Prevention and Punishment of the Crime of Genocide of 1948, and
which were committed during the period from 1975 to 1979.
The acts of genocide, which have no statute of limitation, means any acts committed
with the intent to destroy, in whole or in part, a national, ethnical, racial or
religious group, such as:
- killing members of the group;
- causing serious bodily or mental harm to members of the group;
- deliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part;
- imposing measures intended to prevent births within the group;
- forcibly transferring children of one group to another group;
- attempts to commit acts of genocide;
- conspiracy to commit acts of genocide;
- participation in acts of genocide
The Extraordinary Chambers shall have the power to bring to trial all Suspects who
have committed crimes against humanity during the period 1975 to 1979.
Crimes against humanity, which have no statute of limitation, are any acts committed
as part of a widespread or systematic attack against any civilian population, on
national, political, ethnical, racial, or religious grounds, such as:
- Murder
- Extermination
- Enslavement
- Deportation
- Imprisonment
- Torture
- Rape
- Persecutions on political, racial and religious grounds
- Other inhuman acts
The Extraordinary Chambers shall have the power to bring to trial all Suspects who
committed or ordered the commission of grave breaches of the Geneva Convention of
August 12, 1949, such as the following acts against humanity or property protected
under provisions of this Convention, and which were committed during the period from
1975 to 1979:
- Willful killing;
- Torture or inhumane treatment;
- Willfully causing great suffering or serious injury to body or health;
- Destruction and serious damage to property, not justified by military necessity
and carried out unlawfully and wantonly;
- Compelling a prisoner of war or a civilian to serve in the forces of a hostile
power;
- Willfully depriving a prisoner of war or civilian the rights of fair and regular
trial;
- Unlawful deportation or transfer or unlawful confinement of a civilian;
- Taking civilians as hostages.
The Extraordinary Chambers shall have the power to bring to trial all Suspects responsible
for the destruction of cultural property during armed conflict pursuant to the 1954
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict,
and which were committed during the period from 1975 to 1979.
Article 8
The Extraordinary Chambers shall have the power to bring to trial all Suspects responsible
for crimes against internationally protected persons as set forth in the 1973 Convention
on the Prevention and Punishment of Crimes Against Internationally Protected Persons,
including Diplomatic Agents, and which were committed during the period from 1975
to 1979.
Chapter III
Composition of Extraordinary Chamber
Article 9
The trial court shall be an Extraordinary Chamber composed of five professional judges,
of which three are Cambodian judges, with one as president, and two are foreign judges,
and before which the Co-Prosecutors shall present their cases.
The appeals court shall be an Extraordinary Chamber composed of seven judges, of
which four are Cambodian judges, with one as President, and three are foreign judges,
and before which the Co-Prosecutors shall present their cases.
The Supreme Court shall be an extraordinary chamber composed of nine judges, of which
five are Cambodian judges, with one as president, and four are foreign judges, and
before which the Co-Prosecutors shall present their cases.
Chapter IV
Appointment of Judges
Article 10
The judges of the Extraordinary Chambers shall be appointed from among those individuals
who are appointed in accordance with the existing procedures for selection of judges,
who have high moral character, a spirit of impartiality and integrity, and who are
experienced, particularly in criminal or international law.
Judges shall be independent in the performance of their functions, and shall not
accept or seek any instructions from governments or any other source.
Article 11
The Supreme Council of the Magistracy shall appoint at least 12 Cambodian judges
to act as judges of the Extraordinary Chambers, and shall appoint reserve judges
as needed, and shall also appoint the President of each of the Extraordinary Chambers
from the above Cambodian judges so selected, in accordance with existing procedures
for selection of judges.
The reserve Cambodian judges shall replace the regularly-appointed Cambodian judges
in case of their absence. These judges may continue to perform their regular duties
in their respective courts.
The Supreme Council of the Magistracy shall appoint at least nine individuals of
foreign nationality to act as foreign judges of the Extraordinary Chambers upon nomination
by the Secretary General of the UN.
The Secretary-General of the United Nations shall submit a list of not less than
12 candidates for international judges to the Royal Government of Cambodia from which
the Supreme Council of the Magistracy shall appoint nine judges. In addition to the
foreign judges sitting in the Extraordinary Chambers and present at every stage of
the proceedings, the President of the Chamber may, on a case-by-case basis, designate
from the list of nominees submitted by the Secretary-General, one or more alternate
judges to be present at each stage of the trial, and to replace a foreign judge if
that judge is unable to continue sitting.
Article 12
All judges under this law shall enjoy equal status and rank and the same terms and
conditions of service according to each level of the courts.
Each judge under this law shall be appointed for the period of the proceedings. In
the event of the absence of a foreign judge in the Extraordinary Chambers, the Supreme
Council of the Magistracy shall appoint a replacement from the list submitted by
the Secretary General.
Article 13
Judges shall be assisted by Cambodian and international staff as needed.
In choosing staff to serve as assistants and law clerks, the court Administrator
shall interview when possible, and with the approval of the Cambodian judges by majority
vote, hire staff who shall be appointed by the Royal Government of Cambodia. The
Deputy Court Administrator shall be responsible for the recruitment and administration
of all international staff. The number of assistants and law clerks shall be chose
in proportion to the Cambodian judges and foreign judges.
Cambodian staff shall be selected from Cambodian civil servants and other qualified
nationals of Cambodia.
Chapter V
Decisions of the Extraordinary Chamber
Article 14
1. The judges shall attempt to achieve unanimity in their decisions. If this is not
possible, the following shall apply:
- A decision by the Extraordinary Chamber of the Trial Court shall require the
affirmative vote of at least four judges;
- A decision by the Extraordinary Chamber of the appeals court shall require the
affirmative vote of at least five judges.
- A decision of the Extraordinary Chamber of the Supreme Court shall require the
affirmative vote of at least six judges.
2. When there is no unanimity, the chambers' decision shall contain the views
of the majority and the minority.
Article 15
The Presidents shall convene the judges at the appropriate time following their appointment,
to proceed with the work of the Extraordinary Chambers.
Chapter VI
Co-Prosecutors
Article 16
All indictments in the Extraordinary Chambers shall be made by two prosecutors, one
Cambodian and another foreign, who shall work together as Co-Prosecutors to prepare
indictments against the Suspects in the Extraordinary Chambers.
Article 17
The Co-Prosecutors of the trial court shall have the right to appeal the verdict
of the Extraordinary Chamber of the trial court.
The Co-Prosecutors of the appeals court shall have the right to appeal the decision
of the Extraordinary Chamber of the appeals court.
Article 18
The Supreme Council of the Magistracy shall appoint Cambodian prosecutors and Cambodian
reserve prosecutors as necessary from among the Cambodian professional prosecutors
for the period of these proceedings.
The reserve prosecutors shall replace the regularly-appointed prosecutors in case
of their absence. These prosecutors may continue to perform their regular duties
in their respective courts.
One foreign prosecutor with the competence to appear in all three Extraordinary Chambers
shall be appointed by the Supreme Council of the Magistracy for the period of the
these proceedings upon nomination by the Secretary General of the UN.
The Secretary General of the United Nations shall submit a list of two candidate
for foreign Co-Prosecutor to the Royal Government of Cambodia, from which the Supreme
Council of Magistracy shall appoint one prosecutor.
Article 19
The Co-Prosecutors shall be appointed from among those individuals who are appointed
in accordance with the existing procedures for selection of prosecutors who have
high moral character and integrity and who are experienced in the conduct of investigations
and prosecutions of criminal cases. They shall be independent in the performance
of their functions and shall not accept or seek instructions from any government
or any other source.
Article 20
The Co-Prosecutors shall prosecute in accordance with existing procedures in force.
If necessary, guidance may be sought in procedural rules established at the international
level.
In the event of disagreement between the Co-Prosecutors, the following shall apply.
The prosecution shall proceed unless the Co-Prosecutors or one of them requests within
30 days that the difference shall be settled in accordance with the following provisions.
The Co-Prosecutors shall submit written statements of facts and reasons for their
different positions to the Director of Administration.
The difference shall be settled forthwith by a Pre-Trial Chamber of five judges,
there appointed by the Supreme Council of the Magistracy, with one as President,
and two appointed by the Supreme Council of the Magistracy upon nomination by the
Secretary-General of the UN. Article 10 shall apply to the judges.
Upon receipt of the statements referred to in the third paragraph, the Director of
Administration shall immediately convene the Pre-Trial Chamber and communicate the
statements to its members.
A decision of the Pre-Trial Chamber, against which there is no appeal, requires the
affirmative vote of at least four judges. The decision shall be communicated to the
Director of Administration, who shall publish it and communicate it to the Co-Prosecutors.
They shall immediately proceed in accordance with the decision of the Chamber. If
there is no majority, as required for a decision, the prosecution shall proceed.
In carrying out the prosecution, the Co-Prosecutors may seek the assistance of the
Royal Government of Cambodia if such assistance would be useful to the prosecution,
and such assistance shall be provided.
Article 21
All Co-Prosecutors under this law shall enjoy equal status and rank and the same
terms and conditions of service according to each level of the courts.
Each Co-Prosecutor shall be appointed for the period of the proceedings.
In the event of the absence of the foreign Co-Prosecutor, the Supreme Council of
the Magistracy shall appoint a replacement from the list submitted by the Secretary
General of the UN.
Article 22
Each Co-Prosecutor shall have one or more deputy prosecutors to assist him or her
with prosecution before the chambers. Deputy international prosecutors shall be appointed
by the international prosecutor from the list provided by the Secretary General.
The Co-Prosecutors shall be assisted by Cambodian and international staff as needed.
In choosing staff to serve as assistants, the Court Administrator shall interview
when possible, and, with the approval of the Cambodian Co-Prosecutor, hire staff
who shall be appointed by the Royal Government of Cambodia. The Deputy Court Administrator
shall be responsible for the recruitment and administration of all foreign staff.
The number of assistants will be chosen in proportion to the Cambodian and foreign
prosecutors.
Cambodian staff shall be selected from Cambodian civil servants and other qualified
nationals of Cambodia.
Chapter VII
Investigations
Article 23
All investigations shall be the joint responsibility of two investigating judges,
one Cambodian and another foreign, hereinafter referred to as Co-Investigating Judges,
in accordance with existing procedures in force. If necessary, guidance may be sought
in procedural rules established at the international level.
In the event of a disagreement between the Co-Investigating Judges, the following
shall apply.
The investigation shall proceed unless the Co-Investigating Judges or one of them
requests within 30 days that the difference shall be settled in accordance with the
following provisions.
The Co-Investigating Judges shall submit written statements of facts and reasons
for the differing positions to the Director of Administration.
The difference shall be settled forthwith by the Pre-Trial Chamber referred to in
Article 20.
Upon receipt of the statements referred to in the third paragraph, the Director of
Administration shall immediately convene the Pre-Trial Chamber and communicate the
statements to its members.
A decision of the pre-Trial chamber, against which there is no appeal, requires the
affirmative vote of at least four judges. The decision shall be communicated to the
Director of Administration, who shall publish it and communicate it to the Co-Investigating
Judges. They shall immediately proceed in accordance with the decision of the Chamber.
If there is no majority, as required for a decision, the investigation shall proceed.
The Co-Investigating Judges shall initiate investigations in accordance with existing
procedures in force. They may also, as necessary, seek guidance in procedural rules
established at the international level.
The Co-Investigating Judges shall conduct investigations on the basis of information
obtained from any source, including the Government, United Nations organs, and non-governmental
organizations.
The Co-Investigating Judges shall have the power to question suspects, victims, and
witnesses, and to collect evidence in accordance with existing procedures in force.
In the event the Co-Investigating Judges consider it necessary to do so, they may
issue an order requesting the Co-Prosecutors to interrogate the witnesses.
In carrying out the investigation, the Co-Investigating Judges may seek the assistance
of the Royal Government of Cambodia if such assistance would be useful to the investigation,
and such assistance shall be provided.
Article 24
During the investigation, Suspects shall be entitled to assistance of counsel of
their own choice, including the right to have legal assistance free of charge if
they cannot afford it.
Suspects shall also be entitled to interpretation of the proceedings into and from
a language they speak and understand.
Article 25
The Co-Investigating Judges shall be individuals who are appointed in accordance
with the existing procedures for selection of judges, who have high moral character,
a spirit of impartiality and integrity, and who are experienced in criminal investigations.
They shall be independent in the performance of their functions and shall not accept
or seek instructions from any government or any other source.
Article 26
The Cambodian Co-Investigating Judges and the reserve Investigating Judges shall
be appointed by the Supreme Council of the Magistracy from among the Cambodian professional
judges.
The reserve Investigating Judges may continue to perform their regular duties in
their respective courts and shall replace the regularly-appointed Investigating Judges
in case of their absence.
The Supreme Council of the Magistracy shall appoint the foreign Co- Investigating
Judge for the period of investigation upon nomination by the Secretary-General of
the UN.
The Secretary General of the United Nations shall submit a list of two candidates
for foreign Co-Investigating Judge to the Royal Government of Cambodia, from which
the Supreme Council of the Magistracy shall appoint one.
Article 27
The Investigating Judges under this law shall enjoy equal status and rank and the
same terms and conditions of service.
Each Investigating Judge shall be appointed for the period of the investigation.
In the event of the absence of the foreign Co-Investigating Judge, the Supreme Council
of the Magistracy shall appoint a replacement from the list submitted by the Secretary
General of the UN.
Article 28
The Co-Investigating Judges shall be assisted by Cambodian and international staff
as needed.
In choosing staff to serve as assistants, the Court Administrator shall interview
when possible, and, with the approval of the Cambodian Co-Investigating Judges hire
staff who shall be appointed by the Royal Government of Cambodia. The Deputy Court
Administrator shall be responsible for the recruitment and administration of all
foreign staff. [The number of assistants will be chosen in proportion to the Cambodian
Co-Investigating Judge and the foreign Co-Investigating Judge.] [We think that this
provision could cause problems!]
Cambodian staff shall be selected from Cambodian civil servants and other qualified
nationals of Cambodia.
Chapter VIII
Individual Responsibility
Article 29
Any Suspect who planned, instigated, ordered, aided and abetted, or committed the
crimes referred to in Articles 3, 4, 5, 6, 7, and 8 of this law shall be individually
responsible for the crime.
The position or rank of any Suspect shall not relieve such person of criminal responsibility
or mitigate punishment.
The fact that any of the acts referred to in Articles 3 through 8 of this law was
committed by a subordinate does not relieve the superior of personal criminal responsibility
if the superior had effective command and control or authority and control over the
subordinate, and the superior knew or had had reason to know that the subordinate
was about to commit such acts or had done so and the superior failed to take the
necessary and reasonable measures to prevent such acts or punish the perpetrators.
The fact that a Suspect acted pursuant to an order of the Government of Democratic
Kampuchea or of a superior shall not relieve the Suspect of individual criminal responsibility.
Chapter IX
Office of Administration
Article 30
The staff of the judges, the Investigating Judges, and prosecutors of the Extraordinary
Chambers shall be supervised by an Office of Administration.
The Office of Administration shall have a Cambodian Director, a foreign Deputy Director,
and such other staff as necessary.
Article 31
The Director of the Office of Administration shall be appointed by the Royal Government
of Cambodia for a two year term and be eligible for reappointment.
The Director of the Office of Administration shall be appointed from those with significant
experience in court administration, be fluent in one of the foreign languages used
in the Extraordinary Chambers, and be a person of high moral character and integrity.
The foreign Deputy Director shall be appointed by the Secretary General of the United
Nations and shall be responsible for the recruitment and administration of all foreign
staff, as required by the international components of the Extraordinary Chambers,
the Co-Investigating Judges, the Co-Prosecutors' Office, and the Office of Administration.
The Deputy Director shall administer the resources allotted against the United Nations
Trust Fund.
The Office of Administration shall be assisted by Cambodian and foreign staff as
necessary. All Cambodian staff of the Office of Administration shall be appointed
by the Royal Government of Cambodia at the request of the Director. Foreign staff
shall be appointed by the Deputy Director.
Cambodian staff shall be selected from the Cambodian civil service system and other
qualified nationals of Cambodia.
Article 32
All staff assigned to the judges, the Co-Investigating Judges, Co-Prosecutors, and
the Office of Administration shall enjoy the same working conditions according to
each level of the courts.
Chapter X
Trial Proceedings
Article 33
The Extraordinary Chambers of the trial court shall ensure that trials are fair and
expeditious and are conducted in accordance with existing procedures in force, with
full respect for the rights of the accused and for the protection of victims and
witnesses. Guidance may also, as necessary, be sought in procedural rules established
at the international level.
Suspects who have been indicted and arrested shall be brought to trial according
to existing procedures in force. Guidance may also, as necessary, be sought in procedural
rules established at the international level.
The Royal Government of Cambodia shall guarantee the security of the suspects and
witnesses and experts who appear before the court and for the arrest of suspects
prosecuted under this law. Justice police shall be assisted by other law enforcement
elements of the Royal Government of Cambodia, including its armed forces, in order
to ensure that the Suspects are brought into custody immediately.
Conditions for custody of the Suspects shall conform to existing law in force.
The court shall provide for the protection of victims and witnesses. Such protection
measures shall include, but shall not be limited to, the conduct of in camera proceedings
and the protection of the victims' identity.
Article 34
Trials shall be public unless in exceptional circumstances the Extraordinary Chambers
decide to close the proceedings for good cause in accordance with existing procedures
in force.
Article 35
The accused shall be presumed innocent until proven guilty.
In determining charges against the accused, the accused shall be entitled to following
minimum guarantees, in equal fashion:
- To be informed promptly and in detail in a language that they understand of the
nature and cause of the charge against them;
- To have adequate time to be prepared and contact counsel of their own choosing,
or counsel appointed by the Extraordinary Chambers if the accused cannot afford counsel;
- To be tried without delay;
- To defend themselves or with the assistance of legal counsel of their choice,
or to have counsel assigned if they cannot afford counsel;
- To examine witnesses against them and obtain the attendance and examination of
witnesses on their behalf under the same conditions as witnesses against them;
- To have the free assistance of an interpreter if the accused cannot understand
or does not speak the language used in the court;
- Not to be compelled to testify against themselves or to confess guilt.
The Extraordinary Chamber of the Appeals Court shall decide appeals from the accused
persons, the victims, or by the Co-Prosecutors on the following grounds:
- an error of fact
- an error of law
The Extraordinary Chamber of the Appeals Court shall review the decision of the
Extraordinary Chamber of the trial court and may affirm or reverse in whole or in
parts its decision. In this case, the Extraordinary Chamber of the appeals court
may apply existing procedures in force. If necessary, guidance may be sought in procedural
rules established at the international level.
Article 37
The Extraordinary Chambers of the supreme court shall decide appeals made by the
accused, the victims, and the Co-Prosecutors, against the decision of the Extraordinary
Chamber of the appeals court. In this case, the supreme court shall make final decisions
on both issues of law and fact, and shall not return the case to the Extraordinary
Chamber of the appeals court.
Chapter XI
Penalties
Article 38
All penalties shall be limited to imprisonment.
Article 39
Those who have committed crimes as provided in Articles 3,4,5,6,7, and 8 shall be
sentenced to a prison term from five years to life imprisonment.
In addition to imprisonment, the Extraordinary Chamber of the trial court may order
the confiscation of personal property, money, and real property acquired unlawfully
or by criminal conduct.
The confiscated property shall be returned to the State.
Chapter XII
Amnesty and Pardons
Article 40
The Royal Government of Cambodia shall not request an amnesty or pardon for any person
who may be investigated for or convicted of crimes referred to in Articles 3,4,5,6,7,
and 8 of this law. An amnesty granted to any person falling within the jurisdiction
of the chambers shall not be a bar to prosecution.
Chapter XIII
Status, Rights, Privileges and Immunities
Article 41
The foreign judges, the foreign Co-Investigating Judge, the foreign Co-Prosecutor,
and the Deputy Director of the Office of Administration, together with their families
forming part of their household, shall enjoy all of the privileges and immunities,
exemptions and facilities accorded to diplomatic agents in accordance with the 1961
Vienna Convention on Diplomatic Relations.
Article 42
1. Cambodian personnel shall be accorded immunity from legal process in respect of
words spoken or written and all acts performed by them in their official capacity.
Such immunity shall continue to be accorded after termination of employment with
the chambers.
2. Foreign personnel shall be accorded, in addition:
- immunity from legal process in respect of words spoken or written and all acts
performed by them in their official capacity. Such immunity shall continue to be
accorded after termination of employment with the chambers;
- immunity from taxation on salaries, allowances and emoluments paid to them by
contributing States of the United Nations Trust Fund;
- immunity from immigration restriction;
- the right to import free of duties and taxes, except for payment for services,
their furniture and effects at the time of first taking up their official duties
in Cambodia.
3. The counsel of a suspect or an accused who has been admitted as such by the
chambers shall not be subjected by the Government to any measure which may affect
the free and independent exercise of his or her functions under the Law on the Establishment
of Extraordinary Chambers.
In particular, the counsel shall be accorded:
- immunity from personal arrest or detention and from seizure of personal baggage;
- inviolability of all documents relating to the exercise of his or her functions
as a counsel of a suspect or accused;
- immunity from criminal or civil jurisdiction in respect of words spoken or written
and acts performed by them in their official capacity as counsel. Such immunity shall
continue to be accorded to them after termination of their functions as counsel of
a suspect or accused.
4. The archives of the court, and in general all documents and materials made
available, belonging to or used by it, wherever located in Cambodia and by whomsoever
held, shall be inviolable for the duration of the proceedings.
Chapter XIV
Location of the Extraordinary Chambers
Article 43
The Extraordinary Chambers established in the trial court, the appeals court and
the supreme court shall be located in Phnom Penh.
Chapter XV
Expenses and Salaries
Article 44
The expenses and salaries of the Extraordinary Chambers shall be as follows:
- The expenses and salaries of the Cambodian administrative officials and staff,
the Cambodian judges and reserve judges, the Cambodian investigating judges and reserve
investigating judges, and the Cambodian prosecutors and reserve prosecutors shall
be borne by the Cambodian national budget.
- The expenses of the foreign administrative officials and staff, the foreign judges,
the foreign Co-Investigating Judge, and the foreign Co-Prosecutor sent by the Secretary
General of the United Nations shall be borne by the United Nations Trust Fund.
- The salaries of the foreign administrative officials and staff, the foreign judges,
the foreign Co-Investigating Judge, and the foreign Co-Prosecutor shall be borne
by the countries that contribute them at the request of the Secretary-General of
the UN.
- The expenses and salaries of the Extraordinary Chambers may receive assistance
from a voluntary trust fund with contributions from foreign government, international
institutions, non-governmental organizations, and other persons wishing to assist
the proceedings.
Working language
Article 45
The official working language of the Extraordinary Chambers shall be Khmer, with
translations into English and, French.
Chapter XVII
Absence of Foreign Judges or Prosecutors
Article 46
In order to ensure timely and smooth implementation of this law, in the event any
foreign judges or foreign investigating judges or foreign prosecutors fail or refuse
to participate in the Extraordinary Chambers, the Supreme Council of the Magistracy
shall appoint other judges or investigating judges or prosecutors to fill any vacancies
from the lists of foreign candidates provided for in Article 11, Article 18, and
Article 26. In the event those lists are exhausted and the Secretary General of the
United Nations does not supplement the lists with new candidates, or in the event
that the United Nations withdraws its support from the Extraordinary Chambers, then
any such vacancies shall be filled by the Supreme Council of the Magistracy from
candidates recommended by the governments of Member States of the United Nations
or from among other foreign legal personalities.
If, following such procedures, there are still no foreign judges or foreign investigating
judges or foreign prosecutors participating in the work of the Extraordinary Chambers
and no foreign candidates have been identified to occupy their vacant positions,
then the Supreme Council of the Magistracy may choose replacement Cambodian judges,
investigating judges or prosecutors.
Chapter XVIII
Conclusion
Article 47
This law shall be pronounced urgent
(Editorís note: This text is based on the tribunal draft law of January 2000 and
the changes agreed upon by UN Undersecretary-General Hans Corell and Minister of
the Council of Ministers Sok An on July 7 2000.)
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