| From April 17, 1975 to January 6, 1979, Cambodia | | | | Legal Counsel. |
| was under the administration of a so-called | | | | The above mutual agreement between Cambodia |
| government, called Democratic Kampuchea. Within | | | | and the United Nations plays a role as guidelines for |
| this period, not less than one million of Cambodian | | | | ECCC’s legal procedures and other subsequent |
| people were perished of starvation, slavery, sickness | | | | rules. There are thirty-two articles, ranking from |
| and other arbitrary executions. To prevent such the | | | | Purpose (Article 1) to Entry into Force (Article 32). |
| atrocity in the future, in 1997 the Royal Government | | | | Article one of the agreement states “The |
| of the Kingdom of Cambodia (RGKC) requested | | | | purpose of the present Agreement is to regulate the |
| assistance from the United Nations to establish a | | | | cooperation between the United Nations and the |
| tribunal to bring those most responsible for genocide | | | | Royal Government of Cambodia in bringing to trial |
| from 1975 to 1979 to justice. | | | | senior leaders of Democratic Kampuchea and those |
| Though categorized into as the crime of genocide, | | | | who were most responsible for the crimes and |
| RGKC still decided not to bring most senior leaders of | | | | serious violations of Cambodian penal law, |
| Democratic Kampuchea to International Criminal Court | | | | international humanitarian law and custom, and |
| (ICC), based in The Hague, for two reasons: 1. For | | | | international conventions recognized by Cambodia, |
| the sake of Cambodian people; and 2. Cambodia was | | | | that were committed during the period from 17 April |
| one of the founding member of ICC and ICC was | | | | 1975 to 6 January 1979. The Agreement provides, |
| established in 2002, which was after the era of | | | | inter alia, the legal basis and the principles and |
| Democratic Kampuchea. However, due to weakness | | | | modalities for such cooperation.” |
| in legal human resources and lack of quality facilities | | | | Despite ECCC exists within the present Cambodian |
| to ensure a smooth and fair and internationally | | | | court, with assistance from the United Nations, ECCC |
| recognized trial, RGKC invited participations from | | | | is independent from the Cambodian court as well as |
| international judges and other court personnel, to | | | | the United Nations. |
| work together with the Cambodian ones. Despite | | | | The first trials are expected to take place in 2007. It |
| taking place in Cambodia, related international laws | | | | is estimated that the trials may run for three years |
| and international customary laws will be used during | | | | although no precise estimate is presently possible. |
| the course of the trial. | | | | Their length will depend on how long investigators |
| In 2001 the National Assembly of the Kingdom of | | | | need to collect evidence, how many people are put |
| Cambodia adopted a law to create a court to try | | | | on trial, how many witnesses are called and how |
| serious crimes committed during the Khmer Rouge | | | | many appeals are made. When all trials and appeals |
| regime 1975-1979. This court is called the | | | | are completed, the Extraordinary Chambers will be |
| Extraordinary Chambers in the Courts of Cambodia | | | | dissolved. |
| for the Prosecution of Crimes Committed during the | | | | The trials will take place in a large court room on the |
| Period of Democratic Kampuchea (Extraordinary | | | | outskirts of Phnom Penh on National Road 4, Ang |
| Chambers or ECCC). In June 6, 2003, an international | | | | Village, Kantok Commune, Ang Snuol District. |
| legal instrument, entitled “AGREEMENT | | | | There will be 7 judges for the Trial Court Chamber: 3 |
| BETWEEN THE UNITED NATIONS AND THE ROYAL | | | | Cambodian + 2 International. Appeals will go from the |
| GOVERNMENT OF CAMBODIA CONCERNING THE | | | | Trial Court to the Supreme Court which is the highest |
| PROSECUTION UNDER CAMBODIAN LAW OF | | | | level. 7 judges for the Supreme Court Chamber: 4 |
| CRIMES COMMITTED DURING THE PERIOD OF | | | | Cambodian + 3 International. Under Cambodian law |
| DEMOCRATIC KAMPUCHEA” was singed in | | | | today, as in many other countries, there are no juries |
| Phnom Penh, between H.E Sok An, Deputy Prime | | | | or people's assessors. All decisions will be made by |
| Minister in charge of the Council of Ministers of the | | | | the judges. The Supreme Court Chamber is the final |
| Kingdom of Cambodia, and Mr. Hans Corell, | | | | court. |
| Under-Secretary-General for Legal Affairs of the | | | | |