Authors
Natasha Naidu, Sarah Williams
Publication date
2020/7
Journal
Journal of International Criminal Justice
Volume
18
Issue
3
Pages
665-688
Publisher
Oxford University Press
Description
This article examines claims that the Pre-Trial Chamber (PTC) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has been rendered dysfunctional in Cases 003 and 004, based on a qualitative analysis of PTC jurisprudence. It finds that the PTC has displayed signs of an inability to carry out both its core function and extended mandate in Cases 003 and 004, suggesting that the PTC is — at least on occasion — dysfunctional. Next, it argues that these signs of PTC dysfunction are not due to political interference at the ECCC alone but are also a result of structural weaknesses embedded in the PTC’s design during negotiations. These structural weaknesses have rendered the PTC unable to avoid dysfunction. Ultimately, this article explores the implications of PTC dysfunction for the ECCC and its proceedings and for the establishment of future tribunals under circumstances that are similarly …
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