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Khmer Rouge Tribunal draft law

Khmer Rouge Tribunal draft law

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;

The following acts shall be punishable under this Article:

  • attempts to commit acts of genocide;
  • conspiracy to commit acts of genocide;
  • participation in acts of genocide

Article 5

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

Article 6

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.

Article 7

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:

  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 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:

  1. To be informed promptly and in detail in a language that they understand of the

    nature and cause of the charge against them;

  2. 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;

  3. To be tried without delay;
  4. To defend themselves or with the assistance of legal counsel of their choice,

    or to have counsel assigned if they cannot afford counsel;

  5. To examine witnesses against them and obtain the attendance and examination of

    witnesses on their behalf under the same conditions as witnesses against them;

  6. To have the free assistance of an interpreter if the accused cannot understand

    or does not speak the language used in the court;

  7. Not to be compelled to testify against themselves or to confess guilt.

Article 36

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:

  1. 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. immunity from taxation on salaries, allowances and emoluments paid to them by

    contributing States of the United Nations Trust Fund;

  3. immunity from immigration restriction;
  4. 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:

  1. immunity from personal arrest or detention and from seizure of personal baggage;
  2. inviolability of all documents relating to the exercise of his or her functions

    as a counsel of a suspect or accused;

  3. 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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

Chapter XVI

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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