Structure and Organisation

The agreement provided for the setting up of two Extraordinary Chambers: one being a Trial Court, the other a Court of Appeal within the Supreme Court. These two organs were created through a Cambodian law and integrated into the existing courts.

Structure and organisation

The judges and prosecutors, whether Cambodian or international, were appointed by royal decree dated 8 May 2006.

The Trial Chamber and the Supreme Court Chamber

The Trial Chamber is composed of three Cambodian judges: Nil Nonn (President, Battambang Court), Thou Mony (Appeals Court Judge) and Ya Sokhan (Phnom Penh Municipal Court Judge) and of two foreign judges: Silvia Cartwright (New Zealand) and Jean-Marc Lavergne (France).

The Supreme Court Chamber, which serves as appeals chamber and last instance, is composed of four Cambodian judges: Kong Srim (Appeals Court Prosecutor), Som Sereyvuth (Supreme Court Judge), Sin Rith (Supreme Court Prosecutor) and Yar Narin (Rattanakiri Court President) and of three international representatives: Motoo Noguchi (Japan), Agnieszka Klonowiecka-Milart (Poland) and Chandra Nihal Jayasinghe (Sri Lanka).

The United Nations Secretary-General had prepared a list of seven international judges. From this list, five were selected by the Supreme Council of the Magistracy of Cambodia to take up their seats in both courts.

Decisions, as a general rule should be unanimous. Where this is not possible, a judgement can only be handed down after agreement of four judges in the Trial Chamber and of five judges in the Appeals Chamber. By proceeding in this way, a veto right is thereby ensured to the international judges since no judgement whatsoever can be handed down without the agreement of at least one international judge.

The Examining Magistrate

Investigations are conducted through a joint body composed of two examining magistrates, one Cambodian, You Bun Leng (Appeals Court Judge), and the other foreign, Marcel Lemonde (France). The Supreme Council of the Magistracy selected the international examining magistrate from two names proposed by the UN Secretary-General.

Should the two magistrates not reach a consensus on whether the case is to be brought to trial or not, investigations nevertheless proceed unless one or both judges submit their divergence of opinion back to the Pre-Trial Chamber.

The Prosecution

The responsibility for prosecution falls to a mixed body, both Cambodian and international. The Supreme Council of the Magistracy selected an international prosecutor, Robert Petit (Canada) on the basis of two names proposed by the Secretary-General of the United Nations. Chea Lang (Appeals Court Prosecutor) is the Cambodian prosecutor

Should the two magistrates not reach a consensus on whether there are grounds to proceed, prosecution nevertheless goes ahead unless one or both judges submit their divergence back to the Pre-Trial Chamber.

The Pre-Trial Chamber

The Pre-Trial Chamber settles disagreements between the organs of investigation or prosecution. It is composed of five judges; of which three (notably the president) were selected by the Supreme Council of the Magistracy: Prak Kim San (Cambodia , Supreme Court Judge), Ney Thol (Cambodia, President of the Military Tribunal) and Huot Vuthy (Cambodia, Prosecutor of Kandal Court), and the two others based on the proposal of the UN Secretary-General: Rowan Downing (Australia.) and Katinka Lahuis (Netherlands).

Decisions are definitive and require a majority of at least four judges. If the required majority to make a decision is lacking, the procedure of investigation or prosecution follows its course.

The Office of Administration

The Office of Administration is responsible for providing administrative services to the other organs. It is headed up by a Cambodian assisted by an International Director.