NAME OF MECHANISM

Extraordinary Chambers in the Courts of Cambodia (ECCC). http://www.eccc.gov.kh

YEARS OF OPERATION 

2006 -

MANDATE AND OPERATIONS

Mandate: Created by a law passed in 2001 by the Cambodian National Assembly, and an agreement made between the Cambodian Government and the United Nations (UN) in June 2003 to "bring to trial senior leaders of Democratic Kampuchea and those who were most responsible for the crimes... that were committed during the period 17 April 1975 - 6 January 1979. The ECCC has the power to prosecute those suspected of homicide, torture, genocide and crimes against humanity. It will not grant amnesty. See the Amended Law of October 2004.

Staff: In the Trial Chamber, 5 judges, 3 of whom are Cambodian with one as President, in the Supreme Court Chamber 7 jusges, 4 of whom are Cambodian, with one as President.

Budget: The total budget is $13.32m. In 2006, expenditure came to $1.69m. The estimated budget for 2007 is $4.96m. The ECCC has announced that it will need more funds by mid-2008.

Funding: Total funds so far come to $3.22m, donated by the UN, the EC, and the Governments of the United States, Japan, the Netherlands, India, Thailand and Cambodia.

LATEST UPDATE

January 2008: In September 2007, the ECCC arrested and charged Nuon Chea for war crimes and crimes against humanity, including murder, torture, extermination, deportation and enslavement. Interestingly, the charges did not include that of genocide, as was recommended by co-prosecutors in the original submission. Nuon Chea, known as "Brother No. 2", was Pol Pot's second in command and, as such, is the most senior surviving member of the Khmer Rouge regime. (Pol Pot himself died in 1998. His ruthless henchmen, Ta Mok also died, in 2006.) He is being detained to ensure that he does not try to flee or intimidate witnesses and victims.

The only other suspect to be detained to date is Kang Kek Ieu, known as Duch, who was arrested in July 2007. Duch was in charge of the notorious S21 jail in Phnom Penh, where over 17 000 men, women and children are believed to have been held and tortured. Most of the victim, including young children, were eventually killed. A hearing date has not yet been set.

Four others are said to be under investigation. They have not been named but are thought to include former President Khieu Samphran and Khmer Rouge foreign minister Ieng Sary.

Trials are expected to begin in 2008.

Cambodian reactions to the ECCC are varied. There are those who support it, but some argue that the money would be better spent alleviating poverty, or are suspicious of a court set up by the United Nations and the Government of Cambodia, both of whom supported the Khmer Rouge regime in the past. [Justice Initiative]