Closing Order of Case 002 against Senior KR Leaders Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith

In light of the HISTORIC (!) start of MOST COMPLEX (sic!) trial hearings beginning on   27 June 2011 and again ANOTHER HISTORIC (!) START of this same MOST COMPLEX (sic!) on 21 Nov. 2011 of Case 002 against the surviving Khmer Rouge senior leaders Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, KI Media is posting installations of the public document of the Closing Order of Case 002 (or, Indictment). The Closing Order of the Co-Investigating Judges forms the basic document from which all the parties (co-prosecutors, lead co-lawyers for all civil parties, defense lawyers) make their arguments before the Trial Chamber judges (one Cambodian President, 2 Cambodian Judges, 2 UN judges). Up until now, the hearings involving these four surviving senior Khmer Rouge leaders have been in the Pre-Trial Chamber over issues of pre-trial detention and jurisdictional issues. Beginning in June November 2011, the Trial Chamber is hearing the substantive (sic!) arguments over the criminal charges   (genocide against Buddhists, genocide against Vietnamese, genocide against Cham Muslims, crimes against humanity at the 200 prisons, mass crimes in countless killing fields, Eastern Zone purges, penal code of 1956, etc.) of only the Phase I Movement in April 1975.

 
 Available in Khmer, English and French. Contact the ECCC for a free copy.  

 

CLOSING ORDER (or, INDICTMENT)

 

of Co-Investigating Judges You Bunleng and Marcel Lemonde

15 September 2010

 

PART TWO:  APPLICABLE LAW

II.  DEFINITION OF CRIMES   

MODES OF CRIMINAL RESPONSIBILITY

1318. All of the modes of criminal responsibility set out in Article 29 (new) of the ECCC Law were part of international law applicable in Cambodia at the relevant time.⁵²¹⁴ This article provides that any suspect who committed⁵²¹⁵ (including by way of a joint criminal enterprise⁵²¹⁶: JCE I or II ); ordered; instigated; planned; or aided and abetted any of the crimes provided for in the ECCC Law shall be individually responsible for the crime.

1319. Article 29 (new) of the ECCC Law also provides that a superior is responsible for the commission of a crime within ECCC jurisdiction by a subordinate, when he or she knew or had reason to know of the commission of the crime and, having effective control over such subordinates, failed to take necessary and reasonable measures to prevent such acts or to punish them.⁵²²² This mode of responsibility applies to civilian superiors for the crimes committed by their subordinates.⁵²²³