Court Structure

The courts will comprise a mix of international and Cambodian judges.

The Agreement provides, in Article 3, for a Trial Chamber, composed of three Cambodian judges and two international judges, and a Supreme Court Chamber, composed of four Cambodian judges and three international judges. In accordance with Article 3, paragraph 5, of the Agreement, these five international judges are to be appointed by the Supreme Council of the Magistracy of Cambodia from a list of not less than seven nominees forwarded by the Secretary-General. The other nominees are to remain available for appointment as international judges in the event of a vacancy. They may also be designated to serve as alternate judges in specific cases, in accordance with Article 3, paragraph 8, of the Agreement. According to the agreement, decisions in the two chambers will be taken by majorities of four judges and five judges, respectively.

The Agreement provides, in Article 6, for a Cambodian prosecutor and an international prosecutor, serving as co-prosecutors. In accordance with Article 6, paragraph 5, the international co-prosecutor was appointed by the Supreme Council of the Magistracy of Cambodia from a list of two nominees forwarded by the Secretary-General. The other nominee was appointed as a reserve international co-prosecutor, to fill the post of international co-prosecutor in the event a vacancy or the need arises.

The Agreement provides, in Article 5, for a Cambodian investigating judge and an international investigating judge, serving as co-investigating judges. In accordance with Article 5, paragraph 5, the international investigating judge was appointed by Supreme Council of the Magistracy of Cambodia from a list of two nominees provided by the Secretary-General. The other nominee is to be appointed as a reserve international investigating judge, to fill the post of international investigating judge, should the need arise.

The Agreement provides, in Article 7, for a Pre-Trial Chamber, consisting of three judges appointed by the Supreme Council of the Magistracy of Cambodia and two judges appointed by the Supreme Council of the Magistracy upon nomination by the Secretary-General. The Pre-Trial Chamber is to be convened, and its judges to serve, only if and when needed, in order to settle differences between the co-prosecutors or between the co-investigating judges and hear Pre-Trial appeals.

(Download a .pdf version of the organizational chart)

 

 

     

 

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