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Journal of International Criminal Justice Advance Access originally published online on April 21, 2006
Journal of International Criminal Justice 2006 4(2):285-293; doi:10.1093/jicj/mql008
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© Oxford University Press, 2006, All rights reserved. For permissions please email: journals.permissions@oxfordjournals.org

Symposium

Problems Arising from the Mixed Composition and Structure of the Cambodian Extraordinary Chambers

Sylvia de Bertodano*

* Barrister; former defence counsel before the Special Panels in East Timor; currently assisting the International Bar Association in judicial training for the Iraqi High Tribunal; Member of the Editorial Committee.

[sylvia{at}debertodano.net]

This contribution addresses the structure and composition of the Cambodian Extraordinary Chambers (CEC), in particular the super-majority voting arrangements for national and international judges. These rules, which reflect difficult negotiations between the United Nations and the Cambodian Government, are likely to impede trials by allowing not only determinations of guilt, but also key evidentiary decisions, to go unresolved. This may make the effective operation of the CEC impossible.


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