Domestic Legislation on International Crimes
Crime of Aggression
No specific provision.
Crimes Against Humanity
Crimes against humanity are defined and penalized in Book 1 (Crimes of Genocide, Crimes Against Humanity, War Crimes), Title 2 (Crimes Against Humanity), Single Chapter (Crimes Against Humanity), Articles 188 to 192 of the 2009 Criminal Code of Cambodia:
Criminal Code of the Kingdom of Cambodia (2009). [ENG]
The Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea governs the prosecution of senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia, that were committed during the period from 17 April 1975 to 6 January 1979..
Article 5 of the said Law proscribes crimes against humanity. See:
Law on the Establishment of the Extraordinary Chambers, with inclusion of amendments as promulgated on 27 October 2004 (NS/RKM/1004/00). [ENG]
Genocide
Genocide is defined and penalized in Book 1 (Crimes of Genocide, Crimes Against Humanity, War Crimes), Title 1 (Crimes of Genocide), Single Chapter (Crimes of Genocide), Articles 183 to 187 of the 2009 Criminal Code of Cambodia:
Criminal Code of the Kingdom of Cambodia (2009). [ENG]
The Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea governs the prosecution of senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia, that were committed during the period from 17 April 1975 to 6 January 1979.
Article 4 of the said Law proscribes genocide. See:
Law on the Establishment of the Extraordinary Chambers, with inclusion of amendments as promulgated on 27 October 2004 (NS/RKM/1004/00). [ENG]
War Crimes
War Crimes are defined and penalized in Book 1 (Crimes of Genocide, Crimes Against Humanity, War Crimes), Title 3 (War Crimes), Single Chapter (War Crimes), Articles 193 to 198 of the 2009 Criminal Code of Cambodia:
Criminal Code of the Kingdom of Cambodia (2009). [ENG]
The Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea governs the prosecution of senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia, that were committed during the period from 17 April 1975 to 6 January 1979.
Articles 6 and 7 of the said Law proscribe war crimes. See:
Law on the Establishment of the Extraordinary Chambers, with inclusion of amendments as promulgated on 27 October 2004 (NS/RKM/1004/00). [ENG]
Jurisdiction
Article 8 of the 2009 Criminal Code sets out the conditions for the application of Cambodian laws.
Articles 13 to 19 define the cases in which the criminal laws of Cambodia apply to offences committed or deemed to be committed within the territory of the Kingdom of Cambodia. Article 18 is devoted to the application of Cambodian criminal law with regards to the commission of acts which started in Cambodia.
Articles 20 to 24 are devoted to the offences committed outside the Cambodian territory.
See:
Full text of the Criminal Code of the Kingdom of Cambodia (2009). [ENG]
In 2006 the Extraordinary Chambers in the Courts of Cambodia (ECCC), a special Cambodian court more commonly referred to as the Khmer Rouge Tribunal or the Cambodia Tribunal, were set up. The ECCC is an ad hoc Cambodian court with international participation. It was established by domestic law following a 2003 agreement between the Cambodian government and the United Nations. It was set up to bring to trial senior leaders and those most responsible for crimes committed during the time of Democratic Kampuchea, also known as the Khmer Rouge regime, which lasted from 17 April 1975 to 6 January 1979. For jurisdictional matters see:
Law on the Establishment of the Extraordinary Chambers, with inclusion of amendments as promulgated on 27 October 2004 (NS/RKM/1004/00). [ENG]
Statute of Limitations
See Article 143 of the 2009 Criminal Code on "Non-Extinguishment of Prescription for Certain Crimes":
The penalties pronounced for genocide and for crimes against humanity and war crimes are inextinguishable.
In addition to the crimes as mentioned above, specific laws may determine the non-extinguishability of prescription for other crimes.
Articles 4 and 5 of the Law on the Establishment of the Extraordinary Chambers specify that genocide and crimes against humanity are not subject to any statute of limitations. See:
Law on the Establishment of the Extraordinary Chambers, with inclusion of amendments as promulgated on 27 October 2004 (NS/RKM/1004/00). [ENG]
Individual criminal responsibility
See Article 9 of the 2009 Criminal Code on "Absence of Impunity in Serious Offences in relation to International Humanitarian Law":
The provisions of this Code may not constitute a condition for denial of justice for the victims of serious offences provided in a separate law in relation to violation of international humanitarian law, international practices, or international conventions recognized by the Kingdom of Cambodia.
And Article 32 on "Authorization by laws or Authorities":
A person who performed an act prescribed or authorized by the law, he/she does not commit an offence.
A person who performed an act compelled by legitimate authority, he/she does not commit an offence, except for the fact that this act is obviously illegal.
However, the perpetrator, the instigator or the accomplice of genocide, of a crime against humanity or war crime cannot be exempted from his/her criminal responsibility even with reasons as mentioned below:
1. he/she has performed an act prescribed, authorized or prohibited by the law in force;
2. he/she has so acted under the order of the legitimate authority.
| International Criminal Court |
Rome Statute of the International Criminal Court: The Kingdom of Cambodia signed the Rome Statute on 23 October 2000 and deposited its instrument of ratification on 11 April 2002.
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Full text of Case 002/01 judgement convicting Khmer Rouge leaders Nuon Chea and Khieu Samphan of crimes against humanity
Trial Chamber, Case File No. 002/19-09-2007/ECCC/TC, Extraordinary Chambers in the Courts of Cambodia (ECCC), Phnom Penh, Cambodia, 07Aug14 [ENG/ING]
Full text of Appeal Judgement in Case 001
Supreme Court Chamber, Case File/Dossier Nš. 001/18-07-2007-ECCC/SC, Extraordinary Chambers in the Courts of Cambodia (ECCC), Phnom Penh, Cambodia, 03Feb12 [ENG/ING]
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The Kingdom of Cambodia
Update on the establishment of a Tribunal to prosecute former Khmer Rouge leaders