Practice Relating to Rule 157. Jurisdiction over War Crimes
Cambodia’s Law on the Establishment of the Extraordinary Chambers (2001), as amended in 2004, provides:
The purpose of this law is to bring 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 Extraordinary Chambers shall have the power to bring to trial all Suspects who committed or ordered the commission of grave breaches of the Geneva Conventions of 12 August 1949, such as the following acts against persons or property protected under provisions of these Conventions, and which were committed during the period 17 April 1975 to 6 January 1979:
• wilful killing;
• torture or inhumane treatment;
• wilfully causing great suffering or serious injury to body or health;
• destruction and serious damage to property, not justified by military necessity and carried out unlawfully and wantonly;
• compelling a prisoner of war or a civilian to serve in the forces of a hostile power;
• wilfully depriving a prisoner of war or civilian the rights of fair and regular trial;
• unlawful deportation or transfer or unlawful confinement of a civilian;
• taking civilians as hostages.
The Extraordinary Chambers shall have the power to bring to trial all Suspects most responsible for the destruction of cultural property during armed conflict pursuant to the 1954 Hague Convention for Protection of Cultural Property in the Event of Armed Conflict, and which were committed during the period from 17 April 1975 to 6 January 1979.