Practice Relating to Rule 159. Amnesty
Section B. Prohibition on amnesty for war crimes
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides:
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 Articles 3, 4, 5, 6, 7 and 8 of this law. The scope of any amnesty or pardon that may have been granted prior to the enactment of this Law is a matter to be decided by the Extraordinary Chambers.
Article 3 new-8 of the Law, provided that the acts were committed during the period from 17 April 1975 to 6 January 1979, deal with: homicide, torture and religious persecution as set forth in Cambodia’s 1956 Penal Code (Article 3 new); genocide (Article 4); crimes against humanity (Article 5); grave breaches of the 1949 Geneva Conventions (Article 6); destruction of cultural property during armed conflict pursuant to the 1954 Hague Convention for the Protection of Cultural Property (Article 7); and crimes against internationally protected persons pursuant to the 1961 Vienna Convention on Diplomatic Relations (Article 8).