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Excerpts from the MoU and the draft law

Excerpts from the MoU and the draft law

"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." (Article 1 of the draft law)

1. The judges shall attempt to achieve unanimity in their decisions. If this

is not possible, the following shall apply:

  1. A decision by the Extraordinary Chamber of the Trial Court shall require the

    affirmative vote of at least four judges

  2. A decision by the Extraordinary Chamber of the appeals court shall require the

    affirmative vote of at least five judges.

  3. 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 14 of the draft law

The Government shall take all effective and adequate actions which may be required

to ensure the security, safety and protection of persons referred to in these Articles

[tribunal personnel, suspects, defense council, witnesses and victims].

Article 22 of the MoU

The Parties agree that there shall be no amnesty for the crime of genocide, war crimes

and crimes against humanity. An amnesty granted to any person falling within the

jurisdiction of the chambers shall not be a bar to prosecution.

Article 9 of the MoU

See the full text of the KR tribunal draft law and the Memorandum of Understanding

on our website:
www.phnompenhpost.com

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