<abstract xmlns="http://www.w3.org/1999/xhtml"><p> This article aims to describe the development process of superior respon­sibility doctrine at the Extraordinary Chambers in the Courts of Cambodia. Superior responsibility is contained in all Statutes of ad hoc tribunals and also the Rome Statute. However, the case of ECCC is distinctive for its special structure and applicable law. As such, the ECCC is being often called ‘hybrid’, court. This Article aims to analyse travaux préparatoires to the ECCC Statute and ECCC Statute itself when it comes to superior responsibility. This analysis will be followed by the ECCC case law. In 2019, the closure of ECCC is anticipated. As such, the first complex analysis on superior responsibility and its applicability by the ECCC is appropriate and can be used as guidance for other already established or future hybrid tribunals. To some extent, the findings can also be used for the application of superior responsibility by the ICC.</p></abstract>

This article aims to describe the development process of superior respon­sibility doctrine at the Extraordinary Chambers in the Courts of Cambodia. Superior responsibility is contained in all Statutes of ad hoc tribunals and also the Rome Statute. However, the case of ECCC is distinctive for its special structure and applicable law. As such, the ECCC is being often called ‘hybrid’, court. This Article aims to analyse travaux préparatoires to the ECCC Statute and ECCC Statute itself when it comes to superior responsibility. This analysis will be followed by the ECCC case law. In 2019, the closure of ECCC is anticipated. As such, the first complex analysis on superior responsibility and its applicability by the ECCC is appropriate and can be used as guidance for other already established or future hybrid tribunals. To some extent, the findings can also be used for the application of superior responsibility by the ICC.

Development of Superior Responsibility at the ECCC

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

{"article-title":"Development of Superior Responsibility at the ECCC"}

This article aims to describe the development process of superior respon­sibility doctrine at the Extraordinary Chambers in the Courts of Cambodia. Superior...

Development of Superior Responsibility at the ECCC

Publié en ligne: 05 févr. 2019

Pages: 170 - 184

DOI: https://doi.org/10.2478/iclr-2018-0044

Mots clés
superior responsibility, ECCC, hybrid tribunal, development, case law

© 2019 Michala Chadimova, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Development of Superior Responsibility at the ECCC

Publié en ligne: 05 févr. 2019

Pages: 170 - 184

DOI: https://doi.org/10.2478/iclr-2018-0044

Mots cléssuperior responsibility, ECCC, hybrid tribunal, development, case law

© 2019 Michala Chadimova, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Mots clés
superior responsibility, ECCC, hybrid tribunal, development, case law