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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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