Hing Vandanet

Hing Vandanet is a researcher at the Center for the Study of Humanitarian Law (CSHL) and a Lecturer at Royal University of Law and Economics (RULE), Cambodia. She holds an LLM in International Human Rights from University of Hong Kong and a LLB from ELBBL/RULE. She has conducted research in various fields of interest in human rights and international humanitarian law. Vandanet coaches the Cambodian team to participate in Nuremberg Moot Competition. She is also a Legal Clinic supervisor at CSHL.

Designation: Royal University of Law and Economics
Institution: Royal University of Law and Economics
Paper: The Development of Substantive International Criminal Law: Assessing Extraordinary Chambers in the Court of Cambodia (ECCC) Precedents
Abstract: Hybrid tribunals offer a unique structure to fight against impunity as well as contribute to the development of international law. The Extraordinary Chamber in the Courts of Cambodia (ECCC) also known as the Khmer Rouge Tribunal has established a procedural and substantive body of jurisprudence. In November 2018, the ECCC announced its third judgment case 002/2 against NUON Chea and KHIEU Samphan. The judgment confirmed charges for crimes against humanity of murder, extermination, enslavement, deportation, imprisonment, torture, persecution on religious, racial and political grounds, enforced disappearance, forced marriage and rape and genocide by killing of Cham and Vietnamese victims. The first ECCC judgment was case 001 against Kaing Guek Eav, alias Duch. The court found Duch guilty of crimes against humanity and a grave breach of the Geneva Conventions for murder and extermination, enslavement, torture including rape, and other inhuman acts by inflicting serious bodily and mental harm committed at the S-21 and S-24 Security Centers. The second ECCC judgment was case 002/01 against NUON Chea, KHIEU Samphan, Ieng Sary and Ieng Thirith. The accused were found guilty of the crimes against humanity of murder, extermination, political persecution, and other inhuman acts of forced transfer and attack against human dignity. This research aims to analyze the contribution and influence of the ECCC in the development of international criminal law jurisprudence on the substantive law. Legal practitioners with ECCC experiences are interviewed to provide in depth expert theory and analysis. The paper outlines the background and unique features of hybrid tribunals, particularly the ECCC; provides an assessment of ECCC cases 001, 002/01 and 002/02 on the basis of substantive legal findings; and concludes with discussion on the implication of ECCC’s judgments on the development of international criminal law. Coherence and consistency of the jurisprudences will be examined. The judgments are assessed according to the applicability of law, contextual elements of the criminal charges, and mode of liability.