Friday, November 25, 2005

UN moves ahead with Cambodian trials court for Khmer Rouge leaders

23 November 2005 - United Nations efforts helping Cambodia to set up special
mixed courts to try ageing former leaders of the Khmer Rouge accused of
killing hundreds of thousands of civilians during the 1970s are gaining
momentum as Secretary-General Kofi Annan considers nominees for the
tribunals' international components.

A short list <http://www.un.org/law/khmerrougetrials/> of candidates will
be interviewed in early December for the posts of International Judges,
International Co-Prosecutor, International Co-Investigating Judge and
International Judges of the Pre-Trial Chamber, spokesman Stephane Dujarric
told the daily noon briefing in New York.

The UN and Cambodia signed the landmark agreement to set up a trial court
and a Supreme Court within the Cambodian legal system to "prosecute those
most responsible for crimes and serious violations of Cambodian and
international law between 17 April 1975 and 6 January 1979."

The courts will comprise a mix of international and Cambodian judges.
According to the agreement - which stresses the impartiality and
independence of the prospective jurists - decisions in the two chambers
would be taken by majorities of four judges and five judges, respectively.

International Judges

The Agreement provides, in Article 3, for a Trial Chamber, composed of three Cambodian judges and two international judges, and a Supreme Court Chamber, composed of four Cambodian judges and three international judges.

In accordance with Article 3, paragraph 5, of the Agreement, these five international judges are to be appointed by the Supreme Council of the Magistracy of Cambodia from a list of not less than seven nominees forwarded by the Secretary-General.

The other nominees are to remain available for appointment as international judges in the event of a vacancy. They may also be designated to serve as alternate judges in specific cases, in accordance with Article 3, paragraph 8, of the Agreement.

Acting on behalf of the Secretary-General, the Legal Counsel has established the following short-list of individuals whom the Secretary-General might possibly nominate for appointment as international judges or, in the alternative, as judges of the Pre-Trial Chamber:

· Silvia CARTWRIGHT

· Rowan DOWNING

· Claudia FENZ

· Chandra JAYASINGHE

· Martin KAROPKIN

· Agnieszka KLONOWIECKA-MILART

· Jean-Marc LAVERGNE

· Fred McELREA

· Adel Ibrahim MAGED

· Motoo NOGUCHI

· Robert SPEAR

The individuals concerned are being invited for interview in New York in December 2005.

Click here for information on qualification: and condition of service: <http://www.un.org/law/khmerrougetrials/documents/judges.TOC.html>

International Co-Prosecutor

The Agreement provides, in Article 6, for a Cambodian prosecutor and an international prosecutor, serving as co-prosecutors.

In accordance with Article 6, paragraph 5, the international co-prosecutor is to be appointed by the Supreme Council of the Magistracy of Cambodia from a list of two nominees forwarded by the Secretary-General.

The other nominee is to be appointed as a reserve international co-prosecutor, to fill the post of international co-prosecutor in the event a vacancy or the need arises.

Acting on behalf of the Secretary-General, the Legal Counsel has established the following short-list of individuals whom the Secretary-General might possibly nominate for appointment as international co-prosecutor:

· Maria BENEDETTI

· Charles CARUSO

· Paul COFFEY

· Dermot GROOME

· Robert PETIT

· Jude ROMANO

The individuals concerned are being invited for interview in New York in December 2005.

Click here for information on qualification: and condition of service: <http://www.un.org/law/khmerrougetrials/documents/prosecutor.TOC.html>

International Co-Investigating Judge

The Agreement provides, in Article 5, for a Cambodian investigating judge and an international investigating judge, serving as co-investigating judges.

In accordance with Article 5, paragraph 5, the international co-investigating judge is to be appointed by Supreme Council of the Magistracy of Cambodia from a list of two nominees provided by the Secretary-General.

The other nominee is to be appointed as a reserve international co-investigating judge, to fill the post of international co-investigating judge, should the need arise.

Acting on behalf of the Secretary-General, the Legal Counsel has established the following short-list of individuals whom the Secretary-General might possibly nominate for appointment as international co-investigating judge:

· Abdulkadir KAYA

· Agnieszka KLONOWIECKA-MILART

· Marcel LEMONDE

The individuals concerned are being invited for interview in New York in December 2005.

Click here for information on qualification: and condition of service: <http://www.un.org/law/khmerrougetrials/documents/investigat.TOC.html>

International Judges of the Pre-Trial Chamber

The Agreement provides, in Article 7, for a Pre-Trial Chamber, consisting of three judges appointed by the Supreme Council of the Magistracy of Cambodia and two judges appointed by the Supreme Council of the Magistracy upon nomination by the Secretary-General.

The Pre-Trial Chamber is to be convened, and its judges to serve, only if and when needed, in order to settle differences between the co-prosecutors or between the co-investigating judges.

Acting on behalf of the Secretary-General, the Legal Counsel has established the following short-list of individuals whom the Secretary-General might possibly nominate for appointment either as international judges or, alternatively, as judges of the Pre-Trial Chamber:

· Silvia CARTWRIGHT

· Rowan DOWNING

· Claudia FENZ

· Chandra JAYASINGHE

· Martin KAROPKIN

· Agnieszka KLONOWIECKA-MILART

· Jean-Marc LAVERGNE

· Fred McELREA

· Adel Ibrahim MAGED

· Motoo NOGUCHI

· Michael PROULX

· Phillip RAPOZA

· Robert SPEAR

The individuals concerned are being invited for interview in New York in December 2005.

Click here for information on qualification: and condition of service: <http://www.un.org/law/khmerrougetrials/documents/judges-pre-trial.TOC.html>

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