92
the United Nations withdrew from the negotiating process, citing concerns that trials under the proposed law would not be effective within Cambodia's judicial system.
Negotiations resumed late in 2002, and in early 2003 a further memorandum of understanding was initialled between the UN Representative, and the Royal Government.3 That agreement was approved by the Third Committee of the General Assembly, and then by the General Assembly. The agreement, and the necessary implementing legislation, was put before the Cambodian parliament in mid-2003. However, the Cambodian parliament went into recess for an election held in July 2003. The election did not produce a clear result, and negotiations between the political parties have continued for almost a year. At the time of writing (July 2004) the negotiations appear to have been resolved, and a new cabinet has been formed." There is quite a backlog of legislative work, including the legislation for the proposed tribunal. The Prime Minister, Hun Sen, had earlier stated that the legislation will be a high priority for the new legislature.
In anticipation of the establishment of the tribunal, both the United Nations and the Cambodian Government have formed Task Forces to work towards implementation. At the same time, a number of governments have made financial commitments to the project. The next stage will be the distribution to Cambodians of booklets explaining the tribunal.
3. The Structure and Processes of the Tribunal
The most recent proposals for the tribunal are contained in the March 2003 agreement initialled by UN representative Hans Correll and Royal Government representative Sok Ann on 17 March 2003. The tribunal will be constituted as Extraordinary Chambers, a Trial Chamber and a Supreme Court Chamber. This is not an international tribunal: these Chambers are established within the existing Cambodian legal system. But the chambers will include a minority of international judges, and at least one international judge must concur with the decision of the Chamber. The Chambers will be served by national and international investigating judges, and national and international prosecutors.
92
the United Nations withdrew from the negotiating process, citing concerns that trials under the proposed law would not be effective within Cambodia's judicial system.
Negotiations resumed late in 2002, and in early 2003 a further memorandum of understanding was initialled between the UN Representative, and the Royal Government.3 That agreement was approved by the Third Committee of the General Assembly, and then by the General Assembly. The agreement, and the necessary implementing legislation, was put before the Cambodian parliament in mid-2003. However, the Cambodian parliament went into recess for an election held in July 2003. The election did not produce a clear result, and negotiations between the political parties have continued for almost a year. At the time of writing (July 2004) the negotiations appear to have been resolved, and a new cabinet has been formed." There is quite a backlog of legislative work, including the legislation for the proposed tribunal. The Prime Minister, Hun Sen, had earlier stated that the legislation will be a high priority for the new legislature."
In anticipation of the establishment of the tribunal, both the United Nations and the Cambodian Government have formed Task Forces to work towards implementation. At the same time, a number of governments have made financial commitments to the project. The next stage will be the distribution to Cambodians of booklets explaining the tribunal.
3. The Structure and Processes of the Tribunal
The most recent proposals for the tribunal are contained in the March 2003 agreement initialled by UN representative Hans Correll and Royal Government representative Sok Ann on 17 March 2003. The tribunal will be constituted as Extraordinary Chambers, a Trial Chamber and a Supreme Court Chamber. This is not an international tribunal: these Chambers are established within the existing Cambodian legal system. But the chambers will include a minority of international judges, and at least one international judge must concur with the decision of the Chamber. The Chambers will be served by national and international investigating judges, and national and international prosecutors.
No comments yet.
Private notes are available after approval.