Development of Superior Responsibility at the ECCC

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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.

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