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58-768: An extraordinary court is the Extraordinary Chambers in the Courts of Cambodia , which is basically a chamber in the national court of Cambodia that is specially designed to judge crimes of the Khmer Rouge such as the Cambodian genocide , but its judges are not of the ordinary Cambodian judiciary but are selected among international candidates nominated by Secretary-General of the United Nations , according to an agreement between United Nations and

116-673: A closing order stating whether or not the case would proceed to trial. Both the Pre-Trial Chamber and the Trial Chamber were composed of three Cambodian and two international judges, while a Supreme Court Chamber was made up of four Cambodian judges and three international judges. All international judges were appointed by the Supreme Council of the Magistracy of Cambodia from a list of nominees submitted by

174-610: A prisoner of war or civilian the rights of fair and regular trial, unlawful deportation or unlawful confinement of a civilian). Nuon Chea joined the Communist Party of Kampuchea (the Khmer Rouge's official name) while studying law at Thammasat University in Bangkok. In 1960, he was appointed Deputy Secretary to oversee the security of the party and the state. His charges included overseeing Phnom Penh's S-21 prison. It

232-482: A request before the Supreme Court Chamber arguing that, in absence of any appeal judgment, Nuon Chea should be considered innocent and that trial judgement issued on 16 November 2018 against him should be vacated. On 22 November 2019, the Supreme Court Chamber clarified notably that Nuon Chea's death did not vacate the trial judgment against him and that, although the presumption of innocence applies at

290-477: A voice for the defence in the media and at outreach events, and organised a legacy program. The DSS legacy program was designed to increase understanding of the criminal trial process and the right to a fair trial within Cambodia. The program provided an opportunity for Cambodian law students and lawyers to gain experience practicing international law in the hopes that the court will lead to a lasting improvement in

348-585: Is "an illusion." Alternatively, the government argued that even if the "primary purpose" limitation exists, the passage of the Patriot Act eliminated that concept from FISA. As a corollary, the government argued that the restrictions imposed by the FISC below were a misconstruction of the FISA provisions and "an end run around" the amendments added by the Patriot Act. The American Civil Liberties Union (ACLU) and

406-707: Is a per curiam decision by the United States Foreign Intelligence Surveillance Court of Review in which it reviewed restrictions that were placed upon a Foreign Intelligence Surveillance Act (FISA) application by the Foreign Intelligence Surveillance Court (FISC) on May 17, 2002. The Court of Review reversed the FISC's restrictions by stating that they "are not required by FISA or the Constitution." The opinion represents

464-566: Is estimated that Nuon Chea is responsible for the death of 1.7 million people during the rule of the Khmer Rouge. In 1998, Nuon Chea reached an agreement with the Cambodian Government which allowed him to live near the Thai border. He was arrested and put into custody in 2007. His case, number 002, has been under investigation since 2007 and hearings began in 2011. Although Chea is the highest-ranking official to be detained he denies

522-521: Is explained as forbidding establishment of both extraordinary court and special courtas, which are substantially the same concept. As the Constitution bans judgments by irregularly-composed judges, courts in the City of Kempten with special jurisdiction on military justice in Germany are also constituted by ordinary judges, according to Section 11a of German Criminal Code . In contemporary South Korea ,

580-786: The Cambodian genocide . Although it was a national court, it was established as part of an agreement between the Royal Government of Cambodia and the United Nations , and its members included both local and foreign judges. It was considered a hybrid court , as the ECCC was created by the government in conjunction with the UN, but remained independent of them, with trials being held in Cambodia using Cambodian and international staff. The Cambodian court invited international participation in order to apply international standards. The remit of

638-570: The National Association of Criminal Defense Lawyers (NACDL) submitted amicus curiae briefs in support of the restrictions. The briefs argued primarily that the FISA statute and the amendments of the Patriot Act are unconstitutional under the Fourth Amendment unless they are construed to prohibit the government from obtaining a FISA surveillance order if its "primary purpose" is criminal prosecution. Among other things,

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696-526: The Santebal —a special branch of the Khmer Rouge in charge of internal security and running prison camps. In addition, Iew ran the notorious Tuol Sleng (S-21) prison in Phnom Penh . Iew was the first of the five brought before the tribunal. His hearings began on 17 September 2009 and concluded on 27 November 2010. Seven areas of relevance resurfaced frequently during his trial: issues relating to M-13,

754-711: The Secretary-General of the United Nations . There were also Reserve judges who were sometimes called upon to serve. The judges were: Supreme Court Chamber Trial Chamber Pre-Trial Chamber Office of the Co-Prosecutors The Office of the Co-Prosecutors (OCP) was an independent office within the ECCC staffed by both Cambodian and international personnel provided by the United Nations Assistance to

812-559: The Cambodian government. In modern Germany , the establishment of extraordinary courts ( German : Ausnahmegerichte ) is strictly prohibited by article 101(1) of the Constitution of Germany , in reflection of judicial murder by People's Court ( German : Volksgerichtshof ), which was a kind of German : Sondergericht that was established during Nazi Germany . The term German : Sondergericht itself means just

870-717: The Cambodian legal system. Author Mary Kozlovski addresses problems at the Court, including issues impacting fair trial rights, in an essay entitled Bringing the Khmer Rouge to Justice in the June 2012 issue of Global Insight , the journal of the International Bar Association (IBA). Heads of the DSS Victims Support Section The Victims Support Section (VSS) served as the liaison between

928-693: The Constitution does not rerquire military judges in the Military Court of Korea to have competence as ordinary court judges by 110(3) of the Constitution. The Constitutional Court of Korea explains that constitutional difference of qualification among ordinary court judges (including Supreme Court Justices), military judges and Constitutional Court Justices as constitutional grounds for non-qualified senior military officers to participate in military court judgments as adjudicators ( Korean : 심판관 ), together with qualified military judges ( Korean : 군판사 ) in exceptional cases, according to article 22(3) of

986-474: The Court of Review found that FISA is constitutional, that the minimization requirements of FISA are not grounds to limit the purpose of the FISA application, and that FISA may be used to collect evidence for criminal prosecution . The Court also noted but made no judgment regarding "the President’s inherent constitutional authority to conduct warrantless foreign intelligence surveillance," which relates to part of

1044-516: The Courts of Cambodia ( ECCC ; French : Chambres extraordinaires au sein des tribunaux cambodgiens (CETC) ; Khmer : អង្គជំនុំជម្រះវិសាមញ្ញក្នុងតុលាការកម្ពុជា ), commonly known as the Cambodia Tribunal or Khmer Rouge Tribunal ( សាលាក្ដីខ្មែរក្រហម ), was a court established to try the senior leaders and the most responsible members of the Khmer Rouge for alleged violations of international law and serious crimes perpetrated during

1102-453: The ECCC and the victims or their representatives. Through the VSS, victims had the ability to seek support and assistance by participating in the ECCC's proceedings as Complainants or Civil Parties. The VSS was responsible for informing victims of their rights in the proceedings, and connecting them with legal representatives if they desire it. As such, victims were formally recognized as parties of

1160-675: The ECCC and was responsible for supporting and facilitating the judicial process through the effective, efficient and coordinated provision of services. The office was also responsible for managing the ECCC's relationships with UNAKRT donors. Directors of the Office of Administration The Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During

1218-511: The ECCC having been committed. Introductory Submissions set out the facts, applicable law, alleged offences, and person(s) to be investigated. The OCP also participated in the judicial investigations (second investigatory stage), filing Supplementary Submissions as necessary when new facts came to light and original allegations required additions or amendments. Co-Prosecutors Office of Co-Investigating Judges The Office of Co-Investigating Judges (OCIJ) undertook pre-trial investigations of

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1276-413: The Extraordinary Chambers extended to serious violations of Cambodian penal law , international humanitarian law and custom, and violation of international conventions recognized by Cambodia, committed during the period between 17 April 1975 and 6 January 1979. This includes crimes against humanity , war crimes and genocide . The chief purpose of the tribunal as identified by the Extraordinary Chambers

1334-712: The FBI and the Criminal Division [of the Department of Justice] shall ensure that law enforcement officials do not direct or control the use of the FISA procedures to enhance criminal prosecution, and that advice intended to preserve the option of a criminal prosecution does not inadvertently result in the Criminal Division’s directing or controlling the investigation using FISA searches and surveillances toward law enforcement objectives. The FISC also created what

1392-602: The Internal Rules of the ECCC. Victims had the opportunity to actively participate in judicial proceedings through Complaints and Civil Parties, and they could seek collective and moral reparation. The victims' role was crucial since the tribunal was an important mechanism for them to cope with their trauma. “The tribunal facilitates reconciliation and at the same time provides an opportunity for Cambodians to come to terms with their history,” ECCC spokesman Neth Pheaktra said in an interview with D+C. The list below details

1450-786: The Khmer Rouge Trials (UNAKRT) . The OCP was headed by the Cambodian National Co-Prosecutor (appointed by the Supreme Council of the Magistracy of Cambodia) and the International Co-Prosecutor (nominated by the United Nations Secretary-General), who served as co-prosecutors. The role of the OCP was to prosecute the senior leaders of the Khmer Rouge and others most responsible for the crimes committed during

1508-537: The Khmer Rouge were defined as "any person or legal entity who has suffered from physical, psychological, or material harm as a direct consequence of the crimes committed in Cambodia by the Democratic Kampuchea regime between 17 April 1975 and 6 January 1979 that are under the jurisdiction of the ECCC". The rights provided to the victims in regards to the ECCC were stated in the Cambodian Law under

1566-481: The Military Court Act. The United States Foreign Intelligence Surveillance Court has the authority to issue warrants authorizing surveillance of suspected foreign spies or terrorists . FISA warrant requests are rarely denied. If an application is denied by one judge of the court, the federal government is not allowed to make the same application to a different judge of the court but may appeal to

1624-755: The Period of Democratic Kampuchea established the crimes over which the Court has jurisdiction. It had jurisdiction over certain crimes that violate the 1956 Penal Code of Cambodia, crimes under the Convention on the Prevention and Punishment of the Crime of Genocide , general crimes against humanity , crimes under the Geneva Conventions ( war crimes ), crimes under the Hague Convention for

1682-709: The Protection of Cultural Property in the Event of Armed Conflict , and crimes under the Vienna Convention on Diplomatic Relations . If found guilty, criminals could be sentenced to prison or have their property confiscated. The Court, as with all other tribunals established by the United Nations, didn't have the power to impose the death penalty. Five people had been indicted by the Court for genocide, crimes against humanity and/or war crimes. Three had been convicted and all sentenced to life imprisonment. Victims of

1740-589: The United States Foreign Intelligence Surveillance Court of Review. Such appeals are rare: the first appeal from the FISC to the Court of Review was made in 2002 ( In re Sealed Case No. 02-001 ), 24 years after the founding of the court. There are also military courts designed to judicially try members of enemy forces during wartime , operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill

1798-533: The VSS since its official recognition as an organ of the ECCC. The financial assistance went primarily towards legal representation for the victims, effective legal participation, and information dissemination. Germany donated in total 1.9 million euro to the VSS. Office of Administration The Office of Administration oversaw the Budget and Finance, Information and Communication Technology, Security and Safety, General Services, Public Affairs, and Personnel units of

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1856-429: The acquisition, retention, and dissemination within the government of material gathered in an electronic surveillance that is unnecessary to the government's need for foreign intelligence information." Two arguments were presented by the government in opposition to these restrictions. One was that the government argued that the pre-Patriot Act limitation in FISA restricting the government's use of intelligence information

1914-495: The act due to the passage of the Patriot Act . The Court addressed these questions in the context of a single request for an order authorizing electronic surveillance made by the government to the FISC. The FISC approved the requested order but "imposed certain requirements and limitations" on the government. The government appealed to the Court of Review. The Court first stated that there appeared to be no disagreement between

1972-611: The appeal stage, it does not equate to post mortem finding of not guilty. Ieng Sary allegedly joined the Khmer Rouge in 1963. Before he studied in France where he joined the French Communist Party and upon his return to Cambodia, he joined CPK. When the Khmer Rouge took control in 1975, Ieng became the Deputy Prime Minister for Foreign Affairs. When the regime fell in 1979, Ieng fled to Thailand and

2030-549: The basis for its decision. Instead, the restrictions "appear[] to proceed from the assumption that FISA constructed a barrier between counterintelligence/intelligence officials and law enforcement officers in the Executive Branch," but the opinion did not support such an assumption. This "wall" between the intelligence officials and law enforcement officers was created by the FISC in reliance on "its statutory authority to approve 'minimization procedures' designed to prevent

2088-407: The concept of 'special court', but the use of that term is discouraged, as it can referred to legacy of Nazis, That causes contemporary courts in Germany with special jurisdiction (such as ' Federal Social Court ' on cases of social security matters) to be called a kind of ' specialized court ' ( German : Fachgerichte ), composed of ordinary judges. In that way, Article 101(1) of the Constitution

2146-665: The convictions, upheld this sentence. On 16 November 2018, in the second case opened against him before the ECCC (Case 002/02), the Trial Chamber found him guilty of genocide against the Vietnamese people and the Cham people . Nuon Chea died on 4 August 2019 while appealing his conviction for genocide against the Vietnamese people and the Cham people in Case 002/2. The Supreme Court Chamber terminated these remaining proceedings against him on 13 August 2019 but his defense lawyers filed

2204-443: The counts against each individual indicted in the Court and his or her current status. The column titled CCL lists the number of counts (if any) of crimes under Cambodian law with which an individual has been charged. G the number of counts of the crime of genocide , H the number of counts of crimes against humanity , W the number of counts of war crimes , DCP the number of counts of destruction of cultural property, and CAD

2262-494: The court referred to as a "chaperone requirement," which required that a unit of the Justice Department (the Office of Intelligence Policy and Review (OIPR)) "be invited" to all meetings between the FBI and the Criminal Division involving co-ordination of efforts to investigate and respond to potential hostile acts. The Court of Review stated that the lower opinion establishing the restrictions did not clearly set forth

2320-534: The crimes of the Khmer Rouge between 1975 and 1979. Allegations against Ieng Sary include crimes against humanity, genocide and breaches of the Geneva Convention. Ieng Sary died in March 2013 while the case against him was still ongoing and no verdict had yet been handed over. Ieng Thirith , wife of Ieng Sary and sister-in-law of Pol Pot, was a senior member of the Khmer Rouge. She studied in France and

2378-529: The establishment of S-21 and the Takmao prison, the implementation of CPK policy at S-21, armed conflict, the functioning of S-21, the establishment and functioning of S-24; and issues relating to character of Iew himself. His lieutenant Mam Nay , the feared leader of the interrogation unit of the Santebal, gave testimony on 14 July 2009 and, although implicated in hands-on torture and execution along with Duch, he

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2436-554: The establishment of special courts ( Korean : 특별법원 ), meaning extraordinary courts ( Korean : 예외법원 ) is exceptionally allowed only for a military court , according to Article 110(1) of the Constitution of South Korea . It is notable that Justices at the Constitutional Court must have qualification as judges, which includes Justices in the Supreme Court of Korea , in ordinary courts, but Article 111(2) of

2494-601: The facts alleged by the Co-Prosecutors in their Introductory and Supplementary Submissions to determine whether the person(s) under investigation were to be indicted and sent to trial, or whether the case against them should be dismissed. Co-Investigating Judges Defence Support Section The Defence Support Section (DSS) was responsible for providing indigent defendants with a list of lawyers who could defend them, for providing legal support and administrative support to lawyers assigned to represent individual defendants, and for promoting fair trial rights. The DSS also acted as

2552-420: The first meeting of and first opinion by the Court of Review. For the purposes of review, the FISC's modification of the requested application worked as a "denial" and thus gave the Court of Review jurisdiction to take the case. The Court noted that the case raised important questions of statutory interpretation and the constitutionality of provision of FISA. In particular, the opinion addressed changes made in

2610-493: The government and the FISC as to the propriety of the requested surveillance because the FISC found that the government had shown probable cause to believe that the target is an agent of a foreign power. The government therefore appealed only the restrictions imposed, which include orders that law enforcement officials shall not make recommendations to intelligence officials concerning the initiation, operation, continuation or expansion of FISA searches or surveillances. Additionally,

2668-589: The majority of his involvement in the Khmer Rouge: "I was president of the National Assembly and had nothing to do with the operation of the government. Sometimes I didn't know what they were doing because I was in the assembly". On 7 August 2014, in Case 002/1, the Trial Chamber found Nuon Chea guilty of numerous crimes against humanity and sentenced him to life imprisonment. On 23 November 2016, The Supreme Court Chamber, although reversing some of

2726-612: The number of crimes against diplomats. Note that these are the counts with which an individual was indicted, not convicted. Dismissal Order by the National Co-Investigating Judge Dismissal Order by the National Co-Investigating Judge Dismissal Order by the National Co-Investigating Judge Kang Kek Iew , or "Comrade Duch", was one of the leaders of the Khmer Rouge. He headed

2784-414: The period of Democratic Kampuchea. The OCP was responsible for the prosecution of cases throughout the investigative, pre-trial, trial and appellate stages. The OCP processed victim complaints; conducted the preliminary investigations (first investigatory stage); and issues Introductory Submissions to the Office of Co-Investigating Judges where there was sufficient evidence of crimes within the jurisdiction of

2842-445: The proceedings and eligible for either collective or individual reparations for damages caused during the regime. The VSS also ensured the safety and protection of its participants. This support and protection could be either physical protection for providing key testimony, or emotion support in the form of psychiatric help and assistance. In early 2012, Germany donated 1.2 million euros to the VSS. This marks Germany's fourth donation to

2900-612: The role of jurors . Military tribunals are distinct from courts-martial . These were most recently created under the George W. Bush administration and authorized by the Military Commissions Acts under the Bush and Obama administrations to assert jurisdiction over terror suspects designated as unlawful enemy combatants . Extraordinary Chambers in the Courts of Cambodia The Extraordinary Chambers in

2958-584: The rule of the Khmer Rouge, Nuon Chea , party's chief ideologist, acted as the right-hand man of leader, Pol Pot . Allegations against Nuon Chea included crimes against humanity (murder, extermination, enslavement, deportation imprisonment, torture, persecution on political, racial, and religious grounds), genocide, and serious breaches of the Geneva Conventions of 1949 (willful killing, torture or inhumane treatment, willfully causing great suffering or serious injury to body or health, willfully depriving

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3016-480: The same year, Andrew T. Cayley was appointed as new international Co-Prosecutor, and his Cambodian co-prosecutor is Ms. Chea Leang. Under the agreement between Cambodia and the UN, the tribunal was composed of both local and international judges. Due to Cambodia's predominantly French legal heritage, investigations were performed by the Investigating Judges, who would conduct investigations and submit

3074-562: The tribunal concluded in December 2022, with three convictions in all. In 1997, Cambodia's two Co-Prime Ministers wrote a letter to the Secretary-General of the United Nations requesting assistance to set up trial proceedings against the senior leaders of the Khmer Rouge . After lengthy negotiations, an agreement between the Royal Government of Cambodia and the United Nations was reached and signed on 6 June 2003. The agreement

3132-464: Was convicted of genocide and sentenced to death by the People's Revolutionary Tribunal of Phnom Penh. Ieng remained a member of the Khmer Rouge government in exile until 1996 when he was granted a royal pardon for his conviction and royal amnesty for this outlawing of the Khmer Rouge. Ieng Sary was arrested on 12 November 2007. He is alleged responsible (through his acts or omissions) for planning, instigating, ordering, aiding/abetting, or overseeing of

3190-483: Was endorsed by the United Nations General Assembly . In May 2006, Justice Minister Ang Vong Vathana announced that Cambodia's highest judicial body approved 30 Cambodian and United Nations judges to preside over the long-awaited genocide tribunal for surviving Khmer Rouge leaders. The judges were sworn in early July 2006. In June 2009, the international Co-Prosecutor Robert Petit resigned from his assignment due to "personal and familial reasons". In November of

3248-433: Was not charged. On 26 July 2010, the tribunal found Kang Kek Iew guilty of crimes against humanity, and grave breaches of the Geneva Conventions. Initially, Iew was sentenced to 35 years imprisonment. However, this was reduced owing to his illegal detention by the Cambodian Military Court between 1999 and 2007 and time already spent in the custody of the ECCC. The sentence was extended to life in prison on appeal. During

3306-542: Was the first Cambodian to receive a degree in English. Upon her return to Cambodia, she joined CPK and was allegedly appointed Minister of Social Affairs in Democratic Kampuchea. Thirith remained with the Khmer Rouge until her husband, Ieng Sary, was pardoned by the Cambodian government in 1998. After, she and Sary lived together near Phnom Penh until both were arrested by Cambodian police and tribunal officials on 12 November 2007. In re Sealed Case No. 02-001 In re: Sealed Case No. 02-001 , 310 F.3d 717 (2002),

3364-406: Was to provide justice to the Cambodian people who were victims of the Khmer Rouge regime's policies between April 1975 and January 1979. However, rehabilitative victim support and media outreach for the purpose of national education were also outlined as primary goals of the commission. Upon the denial of Khieu Samphan's appeal, and with no other living senior members of the Khmer Rouge to indict,

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