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AMNESTY
INTERNATIONAL Public
Statement AI
Index: ASA 23/003/2003 (Public) Cambodia:
Amnesty International's preliminary views and concerns about the draft agreement
for the establishment of a Khmer Rouge special tribunal On 18 December 2002, the
United Nations General Assembly adopted resolution (57/228), calling on the
Secretary-General of the United Nations to resume negotiations with the
Cambodian authorities to reach agreement on the establishment of an
international tribunal under UN auspices, for the prosecution of those charged
with the most grave international crimes committed during the Khmer Rouge period
between 1975-1979. Following
two rounds of negotiations, in New York and in Phnom Penh, a draft agreement was
issued by the two sides on 17 March 2003. Amnesty
International welcomes any steps that ensure that those responsible for the most
serious violations of human rights be held to account, provided that this is
achieved according to the highest international legal standards. Amnesty
International welcomes some of the provisions in the draft. However, the
organization is deeply concerned about serious deficiencies in the proposed
agreement that reflect a significant retreat from current international law and
standards. The organization therefore calls on all members of the General
Assembly to ensure that these concerns are addressed without delay before the
agreement is signed. The deficiencies in the draft are so serious that Amnesty
International would oppose the United Nations signing the agreement without
major revision. On
the positive side, the draft provisions which Amnesty International welcomes,
include the exclusion of amnesty or pardon for anyone investigated or convicted
for crimes covered by the agreement, a clause which potentially applies to
anyone previously granted an amnesty by the Cambodian authorities (draft Article
11); provisions for proceedings at all times to be held in public (draft Article
12.2); and the exclusion of the death penalty (draft Article 10), which is
consistent with other international courts. Amnesty
International's preliminary concerns about the current draft text are the
following: Insufficient
guarantees for international fair trial standards Insufficient
guarantees for an independent and impartial court However,
current proposals fail to guarantee the necessary independence and impartiality
of the judicial process. The proposed mixture of Cambodian and international
judges and complicated decision making process has no precedent in any domestic
or international court.Amnesty International is also concerned about provisions
for Cambodian judicial control to settle potential differences between the
Cambodian and international co-investigating judges and co-prosecutors over
investigations and indictments. Amnesty International believes that this
proposed structure could seriously compromise the integrity of the judicial
process. Failure
to incorporate strongest principles of criminal responsibility and law on
defences Inadequate
victim and witness protection Absence
of provisions on reparations Failure
to link the proposed judicial procedure to the rebuilding of the Cambodian
criminal justice system Amnesty
International is reviewing the draft agreement in detail and plans to comment
further after it has time to study it. Amnesty
International has for many years urged that those responsible for crimes against
humanity, committed during this dark period in Cambodian history, be held to
account. This is important for two reasons: first, in order at last to ensure
that justice is done for the victims and their families who suffered the most
serious international crimes under Khmer Rouge rule and, second, to put an end
to the culture of impunity that has plagued Cambodia to this day. For
more information please see:
================
17
March, 2003 WHEREAS
the General Assembly of the United Nations, in its resolution 57/228 of 18
December 2002, recalled that the serious violations of Cambodian and
international humanitarian law during the period of Democratic Kampuchea from
1975 to 1979 continued to be matters of vitally important concern to the
international community as a whole; WHEREAS
in the same resolution the General Assembly recognized the legitimate concern of
the Government and the people of Cambodia in the pursuit of justice and national
reconciliation, stability, peace and security; WHEREAS
the Cambodian authorities have requested assistance from the United Nations in
bringing to trial senior leaders of Democratic Kampuchea and those who were most
responsible for the crimes and serious violations of Cambodian penal law,
international humanitarian law and custom, and international conventions
recognized by Cambodia, that were committed during the period from 17 April 1975
to 6 January 1979; WHEREAS
prior to the negotiation of the present Agreement substantial progress had been
made by the Secretary-General of the United Nations (hereinafter, "the
Secretary- General") and the Royal Government of Cambodia towards the
establishment, with international assistance, of Extraordinary Chambers within
the existing court structure of Cambodia for the prosecution of crimes committed
during the period of Democratic Kampuchea; WHEREAS
by its resolution 57/228, the General Assembly welcomed the promulgation of 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 and requested the Secretary-General to resume negotiations without
delay, to conclude an agreement with the Government based on previous
negotiations on the establishment of the Extraordinary Chambers consistent with
the provisions of the said resolution, so that the Extraordinary Chambers may
begin to function promptly; WHEREAS
the Secretary-General and the Royal Government of Cambodia have held
negotiations on the establishment of the Extraordinary Chambers; NOW
THEREFORE the United Nations and the Royal Government of Cambodia have agreed as
follows: Article
1 The
purpose of the present Agreement is to regulate the cooperation between the
United Nations and the Royal Government of Cambodia in bringing to trial senior
leaders of Democratic Kampuchea and those who were most responsible for the
crimes and serious violations of Cambodian penal law, international humanitarian
law and custom, and international conventions recognized by Cambodia, that were
committed during the period from 17 April 1975 to 6 January 1979. The Agreement
provides, inter alia, the legal basis and the principles and modalities for such
cooperation. Article
2 1.
The present Agreement recognizes that the Extraordinary Chambers 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"
(hereinafter: "the Law on the Establishment of the Extraordinary
Chambers"), as adopted and amended by the Cambodian Legislature under the
Constitution of Cambodia. The present Agreement further recognizes that the
Extraordinary Chambers have personal jurisdiction over senior leaders of
Democratic Kampuchea and those who were most responsible for the crimes referred
to in Article 1 of the Agreement. 2.
The present Agreement shall be implemented in Cambodia through the Law on the
Establishment of the Extraordinary Chambers as adopted and amended. The Vienna
Convention on the Law of Treaties, and in particular its Articles 26 and 27,
applies to the Agreement. 3.
In case amendments to the Law on the Establishment of the Extraordinary Chambers
are deemed necessary, such amendments shall always be preceded by consultations
between the parties. Article
3 1.
Cambodian judges, on the one hand, and judges appointed by the Supreme Council
of the Magistracy upon nomination by the Secretary-General of the United Nations
(hereinafter: "international judges"), on the other hand, shall serve
in each of the two Extraordinary Chambers. 2.
The composition of the Chambers shall be as follows: a.
The Trial Chamber: three Cambodian judges and two international judges; b.
The Supreme Court Chamber, which shall serve as both appellate chamber and final
instance: four Cambodian judges and three international judges. 3.
The judges shall be persons of high moral character, impartiality and integrity
who possess the qualifications required in their respective countries for
appointment to judicial offices. They shall be independent in the performance of
their functions and shall not accept or seek instructions from any Government or
any other source. 4.
In the overall composition of the Chambers due account should be taken of the
experience of the judges in criminal law, international law, including
international humanitarian law and human rights law. 5.
The Secretary-General of the United Nations undertakes to forward a list of not
less than seven nominees for international judges from which the Supreme Council
of the Magistracy shall appoint five to serve as judges in the two Chambers.
Appointment of international judges by the Supreme Council of the Magistracy
shall be made only from the list submitted by the Secretary-General. 6.
In the event of a vacancy of an international judges, the Supreme Council of the
Magistracy shall appoint another international judge from the same list. 7.
The judges shall be appointed for the duration of the proceedings. 8.
In addition to the international judges sitting in the Chambers and present at
every stage of the proceedings, the President of a Chamber may, on a
case-by-case basis, designate from the list of nominees submitted by the
Secretary-General, one or more alternate judges to be present at each stage of
the proceedings, and to replace an international judge if the judge is unable to
continue sitting. Article
4 1.
The judges shall attempt to achieve unanimity in their decisions. If this is not
possible, the following shall apply: a.
A decision by the Trial Chamber shall require the affirmative vote of at least
four judges: b.
A decision by the Supreme Court Chamber shall require the affirmative vote of at
least five judges. 2.
When there is no unanimity, the decision of the Chamber shall contain the views
of the majority and the minority. Article
5 1.
There shall be one Cambodian and one international investigating judge serving
as co- investigating judges. They shall be responsible for the conduct of
investigations. 2.
The co-investigating judges shall be persons of high moral character,
impartiality and integrity who possess the qualifications required in their
respective countries for appointment to such a judicial office. 3.
The co-investigating judges shall be independent in the performance of their
functions and shall not accept or seek instructions from any Government or any
other source. It is understood, however, that the scope of the investigation is
limited to senior leaders of Democratic Kampuchea and those who were most
responsible for the crimes and serious violations of Cambodian penal law,
international humanitarian law and custom, and international conventions
recognized by Cambodia, that were committed during the period from 17 April 1975
to 6 January 1979. 4.
The co-investigating judges shall cooperate with a view to arriving at a common
approach to the investigation. In case the co-investigating judges are unable to
agree whether to proceed with an investigation, the investigation shall proceed
unless the judges or one of them requests within thirty days that the difference
shall be settled in accordance with Article 7. 5.
In addition to the list of nominees provided for in Article 3, paragraph 5, the
Secretary-General shall submit a list of two nominees from which the Supreme
Council of the Magistracy shall appoint one to serve as an international
co-investigating judge, and one as a reserve international co-investigating
judge. 6.
In case there is a vacancy or a need to fill the post of the international
co-investigating judge, the person appointed to fill this post must be the
reserve international co-investigating judge. 7.
The co-investigating judges shall be appointed for the duration of the
proceedings. Article
6 1.
There shall be one Cambodian prosecutor and one international prosecutor
competent to appear in both Chambers, serving as co-prosecutors. They shall be
responsible for the conduct of the prosecutions. 2.
The co-prosecutors shall be of high moral character and possess a high level of
professional competence and extensive experience in the conduct of
investigations and prosecutions of criminal cases. 3.
The co-prosecutors shall be independent in the performance of their functions
and shall not accept or seek instructions from any Government or any other
source. It is understood, however, that the scope of the prosecution is limited
to senior leaders of Democratic Kampuchea and those who were most responsible
for the crimes and serious violations of Cambodian penal law, international
humanitarian law and custom, and international conventions recognized by
Cambodia, that were committed during the period from 17 April 1975 to 6 January
1979. 4.
The co-prosecutors shall cooperate with a view to arriving at a common approach
to the prosecution. In case the prosecutors are unable to agree whether to
proceed with a prosecution, the prosecution shall proceed unless the prosecutors
or one of them requests within thirty days that the difference shall be settled
in accordance with Article 7. 5.
The Secretary-General undertakes to forward a list of two nominees from which
the Supreme Council of the Magistracy shall select one international
co-prosecutor and one reserve international co-prosecutor. 6.
In case there is a vacancy or a need to fill the post of the international
co-prosecutor, the person appointed to fill this post must be the reserve
international co-prosecutor. 7.
The co-prosecutors shall be appointed for the duration of the proceedings. 8.
Each co-prosecutor shall have one or more deputy prosecutors to assist him or
her with prosecutions before the Chambers. Deputy international prosecutors
shall be appointed by the international co-prosecutor from a list provided by
the Secretary-General. Article
7 1.
In case the co-investigating judges or the co-prosecutors have made a request in
accordance with Article 5, paragraph 4, or Article 6, paragraph 4, as the case
may be, they shall submit written statements of facts and the reasons for their
different positions to the Director of the Office of Administration. 2.
The difference shall be settled forthwith by a Pre-Trial Chamber of five judges,
three appointed by the Supreme Council of the Magistracy, with one as President,
and two appointed by the Supreme Council of the Magistracy upon nomination by
the Secretary-General. Article 3, paragraph 3, shall apply to the judges. 3.
Upon receipt of the statements referred to in paragraph 1, the Director of the
Office of Administration shall immediately convene the Pre-Trial Chamber and
communicate the statements to its members. 4.
A decision of the Pre-Trial Chamber, against which there is no appeal, requires
the affirmative vote of at least four judges. The decision shall be communicated
to the Director of the Office of Administration, who shall publish it and
communicate it to the co-investigating judges or the co-prosecutors. They shall
immediately proceed in accordance with the decision of the Chamber. If there is
no majority, as required for a decision, the investigation or prosecution shall
proceed. Article
8 1.
There shall be an Office of Administration to service the Extraordinary
Chambers, the Pre-Trial Chamber, the co-investigating judges and the
Prosecutors’ Office. 2.
There shall be a Cambodian Director of this Office, who shall be appointed by
the Royal Government of Cambodia. The Director shall be responsible for the
overall management of the Office of Administration, except in matters that are
subject to United Nations rules and procedures. 3.
There shall be an international Deputy Director of the Office of Administration,
who shall be appointed by the Secretary-General. The Deputy Director shall be
responsible for the recruitment of all international staff and all
administration of the international components of the Extraordinary Chambers,
the Pre-Trial Chamber, the co-investigation judges, the Prosecutors' Office and
the Office of Administration. The United Nations and the Royal Government of
Cambodia agree that, when an international Deputy Director has been appointed by
the Secretary-General, the assignment of that person to the position by the
Royal Government of Cambodia shall take place forthwith. 4.
The Director and the Deputy Director shall cooperate in order to ensure an
effective and efficient functioning of the administration. Article
9 1.
The subject-matter jurisdiction of the Extraordinary Chambers shall be the crime
of genocide as defined in the 1948 Convention on the Prevention and Punishment
of the Crime of Genocide, crimes against humanity as defined in the 1998 Rome
Statute of the International Criminal Court and grave breaches of the 1949
Geneva Conventions and such other crimes as defined in Chapter II of the Law on
the Establishment of the Extraordinary Chambers as promulgated on 10 August
2001. Article
10 The
maximum penalty for conviction for crimes falling within the jurisdiction of the
Extraordinary Chambers shall be life imprisonment. Article
11 1.
The Royal Government of Cambodia shall not request an amnesty or pardon for any
persons who may be investigated for or convicted of crimes referred to in the
present Agreement. 2.
This provision is based upon a declaration by the Royal Government of Cambodia
that until now, with regard to matters covered in the law, there has been only
one case, dated 14 September 1996, when a pardon was granted to only one person
with regard to a 1979 conviction on the charge of genocide. The United Nations
and the Royal Government of Cambodia agree that the scope of this pardon is a
matter to be decided by the Extraordinary Chambers. Article
12 1.
The procedure shall be in accordance with Cambodian law. Where Cambodian law
does not deal with a particular matter, or where there is uncertainty regarding
the interpretation or application of a relevant rule of Cambodian law, or where
there is a question regarding the consistency of such a rule with international
standards, guidance may also be sought in procedural rules established at the
international level. 2.
The Extraordinary Chambers shall 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 1966 International Covenant on Civil and Political
Rights, to which Cambodia is a party. In the interest of securing a fair and
public hearing and credibility of the procedure, it is understood that
representatives of Member States of the United Nations, of the
Secretary-General, of the media and of national and international
non-governmental organizations will at all times have access to the proceedings
before the Extraordinary Chambers. Any exclusion from such proceedings in
accordance with the provisions of Article 14 of the Covenant shall only be to
the extent strictly necessary in the opinion of the Chamber concerned and where
publicity would prejudice the interests of justice. Article
13 1.
The rights of the accused enshrined in Article 14 and 15 of the 1966
International Covenant on Civil and Political Rights shall be respected
throughout the trial process. Such rights shall, in particular, include the
right: to a fair and public hearing; to be presumed innocent until proved
guilty; to engage a counsel of his or her choice; to have adequate time and
facilities for the preparation of his or her defence; to have counsel provided
if he or she does not have sufficient means to pay for it; and to examine or
have examined the witnesses against him or her. 2.
The United Nations and the Royal Government of Cambodia agree that the
provisions on the right to defence counsel in the Law on the Establishment of
Extraordinary Chambers mean that the accused has the right to engage counsel of
his or her own choosing as guaranteed by the International Covenant on Civil and
Political Rights. Article
14 The
Royal Government of Cambodia shall provide at its expense the premises for the
co-investigating judges, the Prosecutors' Office, the Extraordinary Chambers,
the Pre-Trial Chamber and the Office of Administration. It shall also provide
for such utilities, facilities and other services necessary for their operation
that may be mutually agreed upon by separate agreement between the United
Nations and the Government. Article
15 Salaries
and emoluments of Cambodian judges and other Cambodian personnel shall be
defrayed by the Royal Government of Cambodia. Article
16 Salaries
and emoluments of international judges, the international co-investigating
judge, the international co-prosecutor and other personnel recruited by the
United Nations shall be defrayed by the United Nations. Article
17 The
United Nations shall be responsible for the following: a.
remuneration of the international judges, the international co-investigating
judge, the international co-prosecutor, the Deputy Director of the Office of
Administration and other international personnel; c.
remuneration of defence counsel; d.
witnesses’ travel from within Cambodia and from abroad; e.
safety and security arrangements as agreed separately between the United Nations
and the Government; f.
such other limited assistance as may be necessary to ensure the smooth
functioning of the investigation, the prosecution and the Extraordinary
Chambers. Article
18 The
archives of the co-investigating judges, the co-prosecutors, the Extraordinary
Chambers, the Pre-Trial Chamber and the Office of Administration, and in general
all documents and materials made available, belonging to or used by them,
wherever located in Cambodia and by whomsoever held, shall be inviolable for the
duration of the proceedings. Article
19 1.
The international judges, the international co-investigating judges, the
international co-prosecutor and the Deputy Director of the Office of
Administration, together with their families forming part of their household,
shall enjoy the privileges and immunities, exemptions and facilities accorded to
diplomatic agents in accordance with the 1961 Vienna Convention on Diplomatic
Relations. They shall, in particular, enjoy: a.
personal inviolability, including immunity from arrest or detention; b.
immunity from criminal, civil and administrative jurisdiction in conformity with
the Vienna Convention; c.
inviolability for all papers and documents; d.
exemption from immigration restrictions and alien registration; e.
the same immunities and facilities in respect of their personal baggage as are
accorded to diplomatic agents. 2.
The international judges, the international co-investigating judge, the
international co-prosecutor and the Deputy Director of the Office of
Administration shall enjoy exemption from taxation in Cambodia on their
salaries, emoluments and allowances.
1.
Cambodian judges, the Cambodian co-investigating judge, the Cambodian
co-prosecutor and other Cambodian personnel shall be accorded immunity from
legal process in respect of words spoken or written and all acts performed by
them in their official capacity under the present Agreement. Such immunity shall
continue to be accorded after termination of employment with the
co-investigating judges, the co-prosecutors, the Extraordinary Chambers, the
Pre-Trial Chamber and the Office of Administration. 2.
International personnel shall be accorded: a.
immunity from legal process in respect of words spoken or written and all acts
performed by them in their official capacity under the present Agreement. Such
immunity shall continue to be accorded after termination of employment with the
co-investigation judges, the co-prosecutors, the Extraordinary Chambers, the
Pre-Trial Chamber and the Office of Administration; b.
immunity from taxation on salaries, allowances and emoluments paid to them by
the United Nations; c.
immunity from immigration restrictions; d.
the right to import free of duties and taxes, except for payment for services,
their furniture and effects at the time of first taking up their official duties
in Cambodia. 3.
The United Nations and the Royal Government of Cambodia agree that the immunity
granted by the Law on the Establishment of the Extraordinary Chambers in respect
of words spoken or written and all acts performed by them in their official
capacity under the present Agreement will apply also after the persons have left
the service of the co-investigating judges, the co-prosecutors, the
Extraordinary Chambers, the Pre-Trial Chamber and the Office of Administration. Article
21 1.
The counsel of a suspect or an accused who has been admitted as such by the
Extraordinary Chambers shall not be subjected by the Royal Government of
Cambodia to any measure which may affect the free and independent exercise of
his or her functions under the present Agreement. 2.
In particular, the counsel shall be accorded: a.
immunity from personal arrest or detention and from seizure of personal baggage;
b.
inviolability of all documents relating to the exercise of his or her functions
as a counsel of a suspect or accused: c.
immunity from criminal or civil jurisdiction in respect of words spoken or
written and acts performed by them in their official capacity as counsel. Such
immunity shall continue to be accorded to them after termination of their
functions as a counsel of a suspect or accused. 3.
Any counsel, whether of Cambodian or non-Cambodian nationality, engaged by or
assigned to a suspect or an accused shall, in the defence of his or her client,
act in accordance with the present Agreement, the Cambodian Law on the Statutes
of the Bar and recognized standards and ethics of the legal profession. Article
22 Witnesses
and experts appearing on a summons or a request of the judges, the
co-investigating judges, or the co-prosecutors shall not be prosecuted, detained
or subjected to any other restriction on their liberty by the Cambodian
authorities. They shall not be subjected by the authorities to any measure which
may affect the free and independent exercise of their functions. Article
23 The
co-investigating judges, the co-prosecutors and the Extraordinary Chambers shall
provide for the protection of victims and witnesses. Such protection measure
shall include, but shall not be limited to, the conduct of in camera proceedings
and the protection of the identity of a victim or witness. Article
24 The
Royal Government of Cambodia shall take all effective and adequate actions which
may be required to ensure the security, safety and protection of person referred
to in the present Agreement. The United Nations and the Government agree that
the Government is responsible for the security of all accused, irrespective of
whether they appear voluntarily before the Extraordinary Chambers or whether
they are under arrest. Article
25 The
Royal Government of Cambodia shall comply without undue delay with any request
for assistance by the co-investigating judges, the co-prosecutors and the
Extraordinary Chambers or an order issued by any of them, including, but not
limited to: a.
identification and location of persons; b.
service of documents; c.
arrest of detention of persons; d.
Transfer of an indictee to the Extraordinary Chambers. Article
26 1.
The official language of the Extraordinary Chambers and the Pre-Trial Chamber is
Khmer. 2.
The official working language of the Extraordinary Chambers and the Pre-Trial
Chamber shall be Khmer, English and French. 3.
Translations of public documents and interpretation at public hearing into
Russian may be provided by the Royal Government of Cambodia at its discretion
and expense on condition that such services do not hinder the proceedings before
the Extraordinary Chambers. Article
27 1.
With a view to achieving efficiency and cost-effectiveness in the operation of
the Extraordinary Chambers, a phased-in approach shall be adopted for their
establishment in accordance with the chronological order of the legal process. 2.
In the first phase of the operation of the Extraordinary Chambers, the judges,
the co- investigating judges and the co-prosecutors will be appointed along with
investigative and prosecutorial staff, and the process of investigations and
prosecutions shall be initiated. 3.
The trial process of those already in custody shall proceed simultaneously with
the investigation of other person responsible for crimes falling within the
jurisdiction of the Extraordinary Chambers. 4.
With the completion of the investigation of persons suspected of having
committed the crimes falling within the jurisdiction of the Extraordinary
Chambers, arrest warrants shall be issued and submitted to the Royal Government
of Cambodia to effectuate the arrest. 5.
With the arrest by the Royal Government of Cambodia of indicted persons situated
in its territory, the Extraordinary Chambers shall be fully operational,
provided that the judges of the Supreme Court Chamber shall serve when seized
with a matter. The judges of the Pre- Trial Chamber shall serve only if and when
their services are needed. Article
28 Should
the Royal Government of Cambodia change the structure or organization of the
Extraordinary Chambers or otherwise cause them to function in a manner that does
not conform with the terms of the present Agreement, the United Nations reserves
the right to cease to provide assistance, financial or otherwise, pursuant to
the present Agreement.
Any
dispute between the Parties concerning the interpretation or application of the
present Agreement shall be settled by negotiation, or by any other mutually
agreed upon mode of settlement. Article
30 To
be binding on the parties, the present Agreement must be approved by the General
Assembly of the United Nations and ratified by Cambodia. The Royal Government of
Cambodia will make its best endeavours to obtain this ratification by the
earliest possible date. Article
31 The
present Agreement shall apply as law within the Kingdom of Cambodia following
its ratification in accordance with the relevant provisions of the internal law
of the Kingdom of Cambodia regarding competence to conclude treaties. Article
32 The
present Agreement shall enter into force on the day after both parties have
notified each other in writing that the legal requirements for entry into force
have been complied with. Done
at [place] on [day, month] 2003 in two copies in the English language.
Public
Statement AI
Index: ASA 23/003/2003 (Public)
Following
two rounds of negotiations, in New York and in Phnom Penh, a draft agreement was
issued by the two sides on 17 March 2003. Amnesty
International welcomes any steps that ensure that those responsible for the most
serious violations of human rights be held to account, provided that this is
achieved according to the highest international legal standards. Amnesty
International welcomes some of the provisions in the draft. However, the
organization is deeply concerned about serious deficiencies in the proposed
agreement that reflect a significant retreat from current international law and
standards. The organization therefore calls on all members of the General
Assembly to ensure that these concerns are addressed without delay before the
agreement is signed. The deficiencies in the draft are so serious that Amnesty
International would oppose the United Nations signing the agreement without
major revision. On
the positive side, the draft provisions which Amnesty International welcomes,
include the exclusion of amnesty or pardon for anyone investigated or convicted
for crimes covered by the agreement, a clause which potentially applies to
anyone previously granted an amnesty by the Cambodian authorities (draft Article
11); provisions for proceedings at all times to be held in public (draft Article
12.2); and the exclusion of the death penalty (draft Article 10), which is
consistent with other international courts. Amnesty
International's preliminary concerns about the current draft text are the
following: Insufficient
guarantees for international fair trial standards The
current draft agreement limits the applicable international standards of
justice, fairness and due process of law to those set out in articles 14 and 15
of the International Covenant on Civil and Political Rights (ICCPR) of 1966, but
does not incorporate other important provisions of the ICCPR (for example
article 9). Clearly, the full provisions of the ICCPR must apply. In addition,
the draft does not make reference to many other stronger contemporary
international standards including those in the Rome Statute of the International
Criminal Court and other United Nations standards such as the Basic Principles
on the Independence of the Judiciary. Insufficient
guarantees for an independent and impartial court In
Amnesty International's view, the Cambodian judicial system is weak and subject
to political pressures, especially in high profile cases. It is therefore
currently unable to ensure that such trials are conducted in a manner that would
conform to international standards of fairness. Cambodian citizens are well
aware of the inadequacies and the political interference in the judicial system
where corruption is also commonplace. Amnesty International therefore welcomes
the inclusion of international judges, an international co-investigating judge
and an international co-prosecutor in the draft proposal as essential to address
current weaknesses. However,
current proposals fail to guarantee the necessary independence and impartiality
of the judicial process. The proposed mixture of Cambodian and international
judges and complicated decision making process has no precedent in any domestic
or international court.Amnesty International is also concerned about provisions
for Cambodian judicial control to settle potential differences between the
Cambodian and international co-investigating judges and co-prosecutors over
investigations and indictments. Amnesty International believes that this
proposed structure could seriously compromise the integrity of the judicial
process. Failure
to incorporate strongest principles of criminal responsibility and law on
defences The
draft agreement fails to incorporate the strongest possible international
principles of criminal responsibility and limits on defences as recognised in
conventional and customary international law. For example, nothing in the
agreement prevents an accused from successfully claiming superior orders as a
defence. Inadequate
victim and witness protection There
is scant provision for victim and witness protection. Amnesty International
recommends that these deficiencies are remedied in a subsequent accompanying
document detailing the procedures of the Extraordinary Chambers that should
provide an effective victim and witness protection program with sufficient
resources, built on the extensive experience gained by existing international
tribunals. Such a program would need to apply to judges, prosecutors, defence
lawyers and others. Victims and witnesses will not come forward to testify
without the necessary assurances for their safety from international, rather
than domestic authorities. Absence
of provisions on reparations It
is a matter of grave concern that there is no provision in the draft agreement
for the Extraordinary Chambers to award reparations. Unless this is provided, it
would constitute a major retreat from the Rome Statute. The Extraordinary
Chambers should be able to award all forms of reparations to victims and their
families, including restitution, compensation, rehabilitation, satisfaction and
guarantees of non-repetition. Failure
to link the proposed judicial procedure to the rebuilding of the Cambodian
criminal justice system There
is virtually nothing in the present draft agreement that will help address the
longer-term deficiencies and weakness of the present Cambodian judicial system.
Amnesty International believes that the considerable investment required from
both the international community and Cambodia to set-up a judicial process that
meets international standards to try only a handful of people responsible for
serious crimes must also be made to benefit the Cambodian judicial system as a
whole. The work of the Extraordinary Chambers must be used to assist the
continuing program of capacity building and technical assistance in the
Cambodian judicial sector. The problems of impunity in Cambodia cannot be
addressed simply by a handful of high profile prosecutions. Amnesty
International is reviewing the draft agreement in detail and plans to comment
further after it has time to study it. Amnesty
International has for many years urged that those responsible for crimes against
humanity, committed during this dark period in Cambodian history, be held to
account. This is important for two reasons: first, in order at last to ensure
that justice is done for the victims and their families who suffered the most
serious international crimes under Khmer Rouge rule and, second, to put an end
to the culture of impunity that has plagued Cambodia to this day. For
more information please see: ================
17
March, 2003 WHEREAS
the General Assembly of the United Nations, in its resolution 57/228 of 18
December 2002, recalled that the serious violations of Cambodian and
international humanitarian law during the period of Democratic Kampuchea from
1975 to 1979 continued to be matters of vitally important concern to the
international community as a whole; WHEREAS
in the same resolution the General Assembly recognized the legitimate concern of
the Government and the people of Cambodia in the pursuit of justice and national
reconciliation, stability, peace and security; WHEREAS
the Cambodian authorities have requested assistance from the United Nations in
bringing to trial senior leaders of Democratic Kampuchea and those who were most
responsible for the crimes and serious violations of Cambodian penal law,
international humanitarian law and custom, and international conventions
recognized by Cambodia, that were committed during the period from 17 April 1975
to 6 January 1979; WHEREAS
prior to the negotiation of the present Agreement substantial progress had been
made by the Secretary-General of the United Nations (hereinafter, "the
Secretary- General") and the Royal Government of Cambodia towards the
establishment, with international assistance, of Extraordinary Chambers within
the existing court structure of Cambodia for the prosecution of crimes committed
during the period of Democratic Kampuchea; WHEREAS
by its resolution 57/228, the General Assembly welcomed the promulgation of 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 and requested the Secretary-General to resume negotiations without
delay, to conclude an agreement with the Government based on previous
negotiations on the establishment of the Extraordinary Chambers consistent with
the provisions of the said resolution, so that the Extraordinary Chambers may
begin to function promptly; WHEREAS
the Secretary-General and the Royal Government of Cambodia have held
negotiations on the establishment of the Extraordinary Chambers; NOW
THEREFORE the United Nations and the Royal Government of Cambodia have agreed as
follows: Article
1 The
purpose of the present Agreement is to regulate the cooperation between the
United Nations and the Royal Government of Cambodia in bringing to trial senior
leaders of Democratic Kampuchea and those who were most responsible for the
crimes and serious violations of Cambodian penal law, international humanitarian
law and custom, and international conventions recognized by Cambodia, that were
committed during the period from 17 April 1975 to 6 January 1979. The Agreement
provides, inter alia, the legal basis and the principles and modalities for such
cooperation. Article
2 1.
The present Agreement recognizes that the Extraordinary Chambers 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"
(hereinafter: "the Law on the Establishment of the Extraordinary
Chambers"), as adopted and amended by the Cambodian Legislature under the
Constitution of Cambodia. The present Agreement further recognizes that the
Extraordinary Chambers have personal jurisdiction over senior leaders of
Democratic Kampuchea and those who were most responsible for the crimes referred
to in Article 1 of the Agreement. 2.
The present Agreement shall be implemented in Cambodia through the Law on the
Establishment of the Extraordinary Chambers as adopted and amended. The Vienna
Convention on the Law of Treaties, and in particular its Articles 26 and 27,
applies to the Agreement. 3.
In case amendments to the Law on the Establishment of the Extraordinary Chambers
are deemed necessary, such amendments shall always be preceded by consultations
between the parties. Article
3 1.
Cambodian judges, on the one hand, and judges appointed by the Supreme Council
of the Magistracy upon nomination by the Secretary-General of the United Nations
(hereinafter: "international judges"), on the other hand, shall serve
in each of the two Extraordinary Chambers. 2.
The composition of the Chambers shall be as follows: a.
The Trial Chamber: three Cambodian judges and two international judges; b.
The Supreme Court Chamber, which shall serve as both appellate chamber and final
instance: four Cambodian judges and three international judges. 3.
The judges shall be persons of high moral character, impartiality and integrity
who possess the qualifications required in their respective countries for
appointment to judicial offices. They shall be independent in the performance of
their functions and shall not accept or seek instructions from any Government or
any other source. 4.
In the overall composition of the Chambers due account should be taken of the
experience of the judges in criminal law, international law, including
international humanitarian law and human rights law. 5.
The Secretary-General of the United Nations undertakes to forward a list of not
less than seven nominees for international judges from which the Supreme Council
of the Magistracy shall appoint five to serve as judges in the two Chambers.
Appointment of international judges by the Supreme Council of the Magistracy
shall be made only from the list submitted by the Secretary-General. 6.
In the event of a vacancy of an international judges, the Supreme Council of the
Magistracy shall appoint another international judge from the same list. 7.
The judges shall be appointed for the duration of the proceedings. 8.
In addition to the international judges sitting in the Chambers and present at
every stage of the proceedings, the President of a Chamber may, on a
case-by-case basis, designate from the list of nominees submitted by the
Secretary-General, one or more alternate judges to be present at each stage of
the proceedings, and to replace an international judge if the judge is unable to
continue sitting. Article
4 1.
The judges shall attempt to achieve unanimity in their decisions. If this is not
possible, the following shall apply: a.
A decision by the Trial Chamber shall require the affirmative vote of at least
four judges: b.
A decision by the Supreme Court Chamber shall require the affirmative vote of at
least five judges. 2.
When there is no unanimity, the decision of the Chamber shall contain the views
of the majority and the minority. Article
5 1.
There shall be one Cambodian and one international investigating judge serving
as co- investigating judges. They shall be responsible for the conduct of
investigations. 2.
The co-investigating judges shall be persons of high moral character,
impartiality and integrity who possess the qualifications required in their
respective countries for appointment to such a judicial office. 3.
The co-investigating judges shall be independent in the performance of their
functions and shall not accept or seek instructions from any Government or any
other source. It is understood, however, that the scope of the investigation is
limited to senior leaders of Democratic Kampuchea and those who were most
responsible for the crimes and serious violations of Cambodian penal law,
international humanitarian law and custom, and international conventions
recognized by Cambodia, that were committed during the period from 17 April 1975
to 6 January 1979. 4.
The co-investigating judges shall cooperate with a view to arriving at a common
approach to the investigation. In case the co-investigating judges are unable to
agree whether to proceed with an investigation, the investigation shall proceed
unless the judges or one of them requests within thirty days that the difference
shall be settled in accordance with Article 7. 5.
In addition to the list of nominees provided for in Article 3, paragraph 5, the
Secretary-General shall submit a list of two nominees from which the Supreme
Council of the Magistracy shall appoint one to serve as an international
co-investigating judge, and one as a reserve international co-investigating
judge. 6.
In case there is a vacancy or a need to fill the post of the international
co-investigating judge, the person appointed to fill this post must be the
reserve international co-investigating judge. 7.
The co-investigating judges shall be appointed for the duration of the
proceedings. Article
6 1.
There shall be one Cambodian prosecutor and one international prosecutor
competent to appear in both Chambers, serving as co-prosecutors. They shall be
responsible for the conduct of the prosecutions. 2.
The co-prosecutors shall be of high moral character and possess a high level of
professional competence and extensive experience in the conduct of
investigations and prosecutions of criminal cases. 3.
The co-prosecutors shall be independent in the performance of their functions
and shall not accept or seek instructions from any Government or any other
source. It is understood, however, that the scope of the prosecution is limited
to senior leaders of Democratic Kampuchea and those who were most responsible
for the crimes and serious violations of Cambodian penal law, international
humanitarian law and custom, and international conventions recognized by
Cambodia, that were committed during the period from 17 April 1975 to 6 January
1979. 4.
The co-prosecutors shall cooperate with a view to arriving at a common approach
to the prosecution. In case the prosecutors are unable to agree whether to
proceed with a prosecution, the prosecution shall proceed unless the prosecutors
or one of them requests within thirty days that the difference shall be settled
in accordance with Article 7. 5.
The Secretary-General undertakes to forward a list of two nominees from which
the Supreme Council of the Magistracy shall select one international
co-prosecutor and one reserve international co-prosecutor. 6.
In case there is a vacancy or a need to fill the post of the international
co-prosecutor, the person appointed to fill this post must be the reserve
international co-prosecutor. 7.
The co-prosecutors shall be appointed for the duration of the proceedings. 8.
Each co-prosecutor shall have one or more deputy prosecutors to assist him or
her with prosecutions before the Chambers. Deputy international prosecutors
shall be appointed by the international co-prosecutor from a list provided by
the Secretary-General. Article
7 1.
In case the co-investigating judges or the co-prosecutors have made a request in
accordance with Article 5, paragraph 4, or Article 6, paragraph 4, as the case
may be, they shall submit written statements of facts and the reasons for their
different positions to the Director of the Office of Administration. 2.
The difference shall be settled forthwith by a Pre-Trial Chamber of five judges,
three appointed by the Supreme Council of the Magistracy, with one as President,
and two appointed by the Supreme Council of the Magistracy upon nomination by
the Secretary-General. Article 3, paragraph 3, shall apply to the judges. 3.
Upon receipt of the statements referred to in paragraph 1, the Director of the
Office of Administration shall immediately convene the Pre-Trial Chamber and
communicate the statements to its members. 4.
A decision of the Pre-Trial Chamber, against which there is no appeal, requires
the affirmative vote of at least four judges. The decision shall be communicated
to the Director of the Office of Administration, who shall publish it and
communicate it to the co-investigating judges or the co-prosecutors. They shall
immediately proceed in accordance with the decision of the Chamber. If there is
no majority, as required for a decision, the investigation or prosecution shall
proceed. Article
8 1.
There shall be an Office of Administration to service the Extraordinary
Chambers, the Pre-Trial Chamber, the co-investigating judges and the
Prosecutors’ Office. 2.
There shall be a Cambodian Director of this Office, who shall be appointed by
the Royal Government of Cambodia. The Director shall be responsible for the
overall management of the Office of Administration, except in matters that are
subject to United Nations rules and procedures. 3.
There shall be an international Deputy Director of the Office of Administration,
who shall be appointed by the Secretary-General. The Deputy Director shall be
responsible for the recruitment of all international staff and all
administration of the international components of the Extraordinary Chambers,
the Pre-Trial Chamber, the co-investigation judges, the Prosecutors' Office and
the Office of Administration. The United Nations and the Royal Government of
Cambodia agree that, when an international Deputy Director has been appointed by
the Secretary-General, the assignment of that person to the position by the
Royal Government of Cambodia shall take place forthwith. 4.
The Director and the Deputy Director shall cooperate in order to ensure an
effective and efficient functioning of the administration. Article
9 1.
The subject-matter jurisdiction of the Extraordinary Chambers shall be the crime
of genocide as defined in the 1948 Convention on the Prevention and Punishment
of the Crime of Genocide, crimes against humanity as defined in the 1998 Rome
Statute of the International Criminal Court and grave breaches of the 1949
Geneva Conventions and such other crimes as defined in Chapter II of the Law on
the Establishment of the Extraordinary Chambers as promulgated on 10 August
2001. Article
10 The
maximum penalty for conviction for crimes falling within the jurisdiction of the
Extraordinary Chambers shall be life imprisonment. Article
11 1.
The Royal Government of Cambodia shall not request an amnesty or pardon for any
persons who may be investigated for or convicted of crimes referred to in the
present Agreement. 2.
This provision is based upon a declaration by the Royal Government of Cambodia
that until now, with regard to matters covered in the law, there has been only
one case, dated 14 September 1996, when a pardon was granted to only one person
with regard to a 1979 conviction on the charge of genocide. The United Nations
and the Royal Government of Cambodia agree that the scope of this pardon is a
matter to be decided by the Extraordinary Chambers. Article
12 1.
The procedure shall be in accordance with Cambodian law. Where Cambodian law
does not deal with a particular matter, or where there is uncertainty regarding
the interpretation or application of a relevant rule of Cambodian law, or where
there is a question regarding the consistency of such a rule with international
standards, guidance may also be sought in procedural rules established at the
international level. 2.
The Extraordinary Chambers shall 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 1966 International Covenant on Civil and Political
Rights, to which Cambodia is a party. In the interest of securing a fair and
public hearing and credibility of the procedure, it is understood that
representatives of Member States of the United Nations, of the
Secretary-General, of the media and of national and international
non-governmental organizations will at all times have access to the proceedings
before the Extraordinary Chambers. Any exclusion from such proceedings in
accordance with the provisions of Article 14 of the Covenant shall only be to
the extent strictly necessary in the opinion of the Chamber concerned and where
publicity would prejudice the interests of justice. Article
13 1.
The rights of the accused enshrined in Article 14 and 15 of the 1966
International Covenant on Civil and Political Rights shall be respected
throughout the trial process. Such rights shall, in particular, include the
right: to a fair and public hearing; to be presumed innocent until proved
guilty; to engage a counsel of his or her choice; to have adequate time and
facilities for the preparation of his or her defence; to have counsel provided
if he or she does not have sufficient means to pay for it; and to examine or
have examined the witnesses against him or her. 2.
The United Nations and the Royal Government of Cambodia agree that the
provisions on the right to defence counsel in the Law on the Establishment of
Extraordinary Chambers mean that the accused has the right to engage counsel of
his or her own choosing as guaranteed by the International Covenant on Civil and
Political Rights. Article
14 The
Royal Government of Cambodia shall provide at its expense the premises for the
co-investigating judges, the Prosecutors' Office, the Extraordinary Chambers,
the Pre-Trial Chamber and the Office of Administration. It shall also provide
for such utilities, facilities and other services necessary for their operation
that may be mutually agreed upon by separate agreement between the United
Nations and the Government. Article
15 Salaries
and emoluments of Cambodian judges and other Cambodian personnel shall be
defrayed by the Royal Government of Cambodia. Article
16 Salaries
and emoluments of international judges, the international co-investigating
judge, the international co-prosecutor and other personnel recruited by the
United Nations shall be defrayed by the United Nations. Article
17 The
United Nations shall be responsible for the following: a.
remuneration of the international judges, the international co-investigating
judge, the international co-prosecutor, the Deputy Director of the Office of
Administration and other international personnel; c.
remuneration of defence counsel; d.
witnesses’ travel from within Cambodia and from abroad; e.
safety and security arrangements as agreed separately between the United Nations
and the Government; f.
such other limited assistance as may be necessary to ensure the smooth
functioning of the investigation, the prosecution and the Extraordinary
Chambers. Article
18 The
archives of the co-investigating judges, the co-prosecutors, the Extraordinary
Chambers, the Pre-Trial Chamber and the Office of Administration, and in general
all documents and materials made available, belonging to or used by them,
wherever located in Cambodia and by whomsoever held, shall be inviolable for the
duration of the proceedings. Article
19 1.
The international judges, the international co-investigating judges, the
international co-prosecutor and the Deputy Director of the Office of
Administration, together with their families forming part of their household,
shall enjoy the privileges and immunities, exemptions and facilities accorded to
diplomatic agents in accordance with the 1961 Vienna Convention on Diplomatic
Relations. They shall, in particular, enjoy: a.
personal inviolability, including immunity from arrest or detention; b.
immunity from criminal, civil and administrative jurisdiction in conformity with
the Vienna Convention; c.
inviolability for all papers and documents; d.
exemption from immigration restrictions and alien registration; e.
the same immunities and facilities in respect of their personal baggage as are
accorded to diplomatic agents. 2.
The international judges, the international co-investigating judge, the
international co-prosecutor and the Deputy Director of the Office of
Administration shall enjoy exemption from taxation in Cambodia on their
salaries, emoluments and allowances.
1.
Cambodian judges, the Cambodian co-investigating judge, the Cambodian
co-prosecutor and other Cambodian personnel shall be accorded immunity from
legal process in respect of words spoken or written and all acts performed by
them in their official capacity under the present Agreement. Such immunity shall
continue to be accorded after termination of employment with the
co-investigating judges, the co-prosecutors, the Extraordinary Chambers, the
Pre-Trial Chamber and the Office of Administration. 2.
International personnel shall be accorded: a.
immunity from legal process in respect of words spoken or written and all acts
performed by them in their official capacity under the present Agreement. Such
immunity shall continue to be accorded after termination of employment with the
co-investigation judges, the co-prosecutors, the Extraordinary Chambers, the
Pre-Trial Chamber and the Office of Administration; b.
immunity from taxation on salaries, allowances and emoluments paid to them by
the United Nations; c.
immunity from immigration restrictions; d.
the right to import free of duties and taxes, except for payment for services,
their furniture and effects at the time of first taking up their official duties
in Cambodia. 3.
The United Nations and the Royal Government of Cambodia agree that the immunity
granted by the Law on the Establishment of the Extraordinary Chambers in respect
of words spoken or written and all acts performed by them in their official
capacity under the present Agreement will apply also after the persons have left
the service of the co-investigating judges, the co-prosecutors, the
Extraordinary Chambers, the Pre-Trial Chamber and the Office of Administration. Article
21 1.
The counsel of a suspect or an accused who has been admitted as such by the
Extraordinary Chambers shall not be subjected by the Royal Government of
Cambodia to any measure which may affect the free and independent exercise of
his or her functions under the present Agreement. 2.
In particular, the counsel shall be accorded: a.
immunity from personal arrest or detention and from seizure of personal baggage;
b.
inviolability of all documents relating to the exercise of his or her functions
as a counsel of a suspect or accused: c.
immunity from criminal or civil jurisdiction in respect of words spoken or
written and acts performed by them in their official capacity as counsel. Such
immunity shall continue to be accorded to them after termination of their
functions as a counsel of a suspect or accused. 3.
Any counsel, whether of Cambodian or non-Cambodian nationality, engaged by or
assigned to a suspect or an accused shall, in the defence of his or her client,
act in accordance with the present Agreement, the Cambodian Law on the Statutes
of the Bar and recognized standards and ethics of the legal profession. Article
22 Witnesses
and experts appearing on a summons or a request of the judges, the
co-investigating judges, or the co-prosecutors shall not be prosecuted, detained
or subjected to any other restriction on their liberty by the Cambodian
authorities. They shall not be subjected by the authorities to any measure which
may affect the free and independent exercise of their functions. Article
23 The
co-investigating judges, the co-prosecutors and the Extraordinary Chambers shall
provide for the protection of victims and witnesses. Such protection measure
shall include, but shall not be limited to, the conduct of in camera proceedings
and the protection of the identity of a victim or witness. Article
24 The
Royal Government of Cambodia shall take all effective and adequate actions which
may be required to ensure the security, safety and protection of person referred
to in the present Agreement. The United Nations and the Government agree that
the Government is responsible for the security of all accused, irrespective of
whether they appear voluntarily before the Extraordinary Chambers or whether
they are under arrest. Article
25 The
Royal Government of Cambodia shall comply without undue delay with any request
for assistance by the co-investigating judges, the co-prosecutors and the
Extraordinary Chambers or an order issued by any of them, including, but not
limited to: a.
identification and location of persons; b.
service of documents; c.
arrest of detention of persons; d.
Transfer of an indictee to the Extraordinary Chambers. Article
26 1.
The official language of the Extraordinary Chambers and the Pre-Trial Chamber is
Khmer. 2.
The official working language of the Extraordinary Chambers and the Pre-Trial
Chamber shall be Khmer, English and French. 3.
Translations of public documents and interpretation at public hearing into
Russian may be provided by the Royal Government of Cambodia at its discretion
and expense on condition that such services do not hinder the proceedings before
the Extraordinary Chambers. Article
27 1.
With a view to achieving efficiency and cost-effectiveness in the operation of
the Extraordinary Chambers, a phased-in approach shall be adopted for their
establishment in accordance with the chronological order of the legal process. 2.
In the first phase of the operation of the Extraordinary Chambers, the judges,
the co- investigating judges and the co-prosecutors will be appointed along with
investigative and prosecutorial staff, and the process of investigations and
prosecutions shall be initiated. 3.
The trial process of those already in custody shall proceed simultaneously with
the investigation of other person responsible for crimes falling within the
jurisdiction of the Extraordinary Chambers. 4.
With the completion of the investigation of persons suspected of having
committed the crimes falling within the jurisdiction of the Extraordinary
Chambers, arrest warrants shall be issued and submitted to the Royal Government
of Cambodia to effectuate the arrest. 5.
With the arrest by the Royal Government of Cambodia of indicted persons situated
in its territory, the Extraordinary Chambers shall be fully operational,
provided that the judges of the Supreme Court Chamber shall serve when seized
with a matter. The judges of the Pre- Trial Chamber shall serve only if and when
their services are needed. Article
28 Should
the Royal Government of Cambodia change the structure or organization of the
Extraordinary Chambers or otherwise cause them to function in a manner that does
not conform with the terms of the present Agreement, the United Nations reserves
the right to cease to provide assistance, financial or otherwise, pursuant to
the present Agreement.
Any
dispute between the Parties concerning the interpretation or application of the
present Agreement shall be settled by negotiation, or by any other mutually
agreed upon mode of settlement. Article
30 To
be binding on the parties, the present Agreement must be approved by the General
Assembly of the United Nations and ratified by Cambodia. The Royal Government of
Cambodia will make its best endeavours to obtain this ratification by the
earliest possible date. Article
31 The
present Agreement shall apply as law within the Kingdom of Cambodia following
its ratification in accordance with the relevant provisions of the internal law
of the Kingdom of Cambodia regarding competence to conclude treaties. Article
32 The
present Agreement shall enter into force on the day after both parties have
notified each other in writing that the legal requirements for entry into force
have been complied with. Done
at [place] on [day, month] 2003 in two copies in the English language.
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