Jurisdiction of the Extraordinary Chambers

Material Jurisdiction

The Extraordinary Chambers have the power to bring to trial the following crimes:

• Genocide
• Crimes against humanity
• Grave breaches of the 1949 Geneva Conventions
• Other crimes defined by the Cambodian law instituting the Extraordinary Chambers, in particular murder, torture, religious persecution, destruction of cultural property during armed conflict and violations of the Vienna Convention on the protection of diplomats.

Temporal Jurisdiction

The competence of the Extraordinary Chambers is limited to those crimes committed between the time the Khmer Rouge took over power on the 17 April 1975 and the arrival of the Vietnamese troops on the 6 January 1979.

Personal Jurisdiction

Prosecutions are limited to the senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations falling within the definition of material and temporal competence outlined above. As a result, those foreigners having responsibility in this tragedy, notably by providing support to the Pol Pot regime, cannot be brought to trial before the Extraordinary Chambers.

Territorial Jurisdiction

Since the territorial competence of the Extraordinary Chambers was not specified, it behoves the latter to determine if they can prosecute the crimes over which they have jurisdiction without taking into account the place where they occurred, or whether to apply Cambodian law, which would appear to limit the power of the Chambers to crimes committed within the territory of Cambodia.

Procedure, amnesty and penalties

The procedures to be followed are defined mainly by Cambodian law. The fundamental principles and standards as defined in international law can serve as guidelines. In no case can either amnesty or reprieve be pronounced. The maximum penalty is life imprisonment.