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  

C. GRAVE BREACHES 0F THE GENEVA C0NVENTI0NS0F12 AUGUST 1949

1310.        "Grave Breaches" of the Geneva Conventions provisions of 12 August 1949 were part of the international law applicable in Cambodia at the relevant time.⁵²⁰¹ These Conventions entered into force on 21 October 1950. Cambodia acceded thereto on 8 December 1958 as a sovereign State and there is no record of any legal challenge with respect to that accession.

1311.       The definition of Grave Breaches of the Geneva Conventions of 12 August 1949 is the commission of one or more of the acts or omissions set out below, in the context of an international armed conflict,⁵²⁰² against persons or property protected under the provisions of the Conventions⁵²⁰³ wilful killing;⁵²⁰⁴ torture⁵²⁰⁵ or inhumane treatment;⁵²⁰⁶ wilfully causing great suffering or serious injury to body or health;⁵²⁰⁷ extensive destruction and serious damage to property, not justified by military necessity and carried out unlawfully and wantonly;⁵²⁰⁸ compelling a prisoner of war or a civilian to serve in the forces of a hostile power;⁵²⁰⁹ wilfully depriving a prisoner of war or civilian the rights of fair trial;⁵²¹⁰ unlawful deportation or transfer⁵²¹¹ or unlawful confinement of a civilian;⁵²¹² taking civilians as hostages.⁵²¹³

 

.