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Cambodia genocide court adds charges against Khmer Rouge leader 'Duch'

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) said Friday that it would add charges of murder and torture to the case against Khmer Rouge leader Kaing Guek-Eav, also known as "Duch." Duch already faces charges of crimes against humanity and violations of the Geneva Conventions, but commentators say the inclusion of the new charges based on Cambodian law will likely make it easier to convict him. The court, however, denied prosecutors' request to charge Duch with participation in a "joint criminal enterprise," a charge that can be used hold all members of a group responsible for the crimes of any of its members. The additional charges come in response to an August request by prosecutors who had said the original indictment against Duch was incomplete. Duch's trial is expected to begin in January 2009. The ECCC plans to try as many as eight suspects for their roles in the Khmer Rouge regime, which is generally held responsible for the genocide of an estimated 1.7 million Cambodians between 1975 and 1979. In June, court officials announced plans to complete operations a year early because of limited funding but said they would still be able to prosecute all the suspects. In February, a Cambodian genocide survivor testified against Nuon Chea at a pretrial hearing, marking the first time a victim has taken the stand against a former Khmer Rouge official.

Full post as published by JURIST - The Paper Chase on December 05, 2008 (boomark / email).