Khmer Rouge Trials

A/RES/57/228ANo PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 109bHuman rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, published in 2003.

What else is in this group?

2 documents · 2003

2003A/RES/57/228BKhmer Rouge trialsCompare with earlier document
2003A/RES/57/228AKhmer Rouge trials

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What subjects does this mandate have?

15 topics

Administration of Justice Cambodia Consultations Criminal Jurisdiction Due Process of Law Experts Judges Judicial Independence Laws and Regulations Negotiation Political Leaders Prosecutors Report Preparation Resources Allocation Trials

What does this mandate say?

12 operative paragraphs

Requests the Secretary-General to resume negotiations, without delay, to conclude an agreement with the Government of Cambodia, based on previous negotiations on the establishment of the Extraordinary Chambers consistent with the provisions of the present resolution, so that the Extraordinary Chambers may begin to function promptly;

Recommends that the Extraordinary Chambers should have subject-matter jurisdiction consistent with that set forth in the Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea;

Recommends also that the Extraordinary Chambers should have personal jurisdiction over the senior leaders of Democratic Kampuchea and those who were most responsible for the crimes referred to in paragraph 2 above;

Emphasizes that the arrangements for the establishment of Extraordinary Chambers, as devised in particular by the Royal Government of Cambodia, should:

Ensure that the Extraordinary Chambers exercise their jurisdiction in accordance with international standards of justice, fairness and due process of law, as set out in articles 14 and 15 of the International Covenant on Civil and Political Rights;

Include arrangements for an appellate chamber;

Also emphasizes the importance of ensuring the impartiality, independence and credibility of the process, in particular with regard to the status and work of the judges and prosecutors;

Appeals to the Government of Cambodia to ensure that persons referred to in paragraph 3 above are brought to trial in accordance with international standards of justice, fairness and due process of law, as referred to in paragraph 4 above, and notes the assurances of the Government of Cambodia in this regard;

Requests the Secretary-General to report to the General Assembly on the implementation of the present resolution, in particular on his consultations and negotiations with the Government of Cambodia concerning the establishment of the Extraordinary Chambers, no later than ninety days from the date of adoption of the resolution;

Also requests the Secretary-General, if necessary, to send a team of experts to Cambodia as may be required for the preparation of his report;

Further requests the Secretary-General to include in his report recommendations for the efficient and cost-effective operation of the Extraordinary Chambers, including the amount of voluntary contributions of funds, equipment and services to the Extraordinary Chambers, inter alia, through the offer of expert personnel, that may be needed from States, intergovernmental organizations and non-governmental organizations;

Appeals to the international community to provide personnel and financial and other assistance to permit the early establishment and the sustained operation of the Extraordinary Chambers.

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