REPORT
Legal Training Project
July-August 2004
SUMMARY
From July 22-August 31, 2004, DC-Cam held six weeks of legal training
on international humanitarian and criminal law.
The training course
was attended by 29 law students, human rights NGO workers, reporters,
political representatives, lawyers, and selected DC-Cam staff.
Participants were selected mainly for their interests in learning and
spreading the laws they studied to other Cambodians, as well as their
levels of English.
The course covered
lectures and discussions, group work, essay writing, and a mock trial
led by experienced international law professors and lawyers as well as
distinguished Cambodian guest speakers. They were experienced
trainers, including some of former professors or trainers who were
involved in our 1995-1996 training. This combined pool of teachers and
learners made possible an understanding of international experiences
and precedents in relation to the Extraordinary Chamber law and trial
process in Cambodia.
At the end of
course, the majority of participants were pleased with the course and
suggested a next course with a more time coverage for each topic and a
larger pool of participants.
The course was held
for 1.5 hours, twice daily, four days a week over a six-week period. A
training manual was also produced to accompany the LTP.
PARTICIPANTS
Nº
|
Name |
Sex |
Status/Institution |
1
|
Chan Leakhena
RITH |
F |
Senior
Student, Royal University of
Law and Economics |
2 |
Chandararith BAN |
M |
Reporter, Club of Cambodian
Journalists |
3 |
Chhayrann RA |
M |
Internet
Librarian, Documentation
Center of Cambodia |
4 |
Dary TES |
M |
Civil
servant (Muslim), Ministry of Education, Youth and Sports |
5 |
Heng HUOT |
M |
Senior
Student, Royal University of
Law and Economics |
6 |
Khamboly DY |
M |
Database
Team, Documentation Center of
Cambodia |
7
|
Laong NUON |
F |
Sophomor
Student, Royal University of
Law and Economics |
8
|
Long Heng
CHHORNG |
M |
Freshman, Royal University of
Phnom Penh
|
9 |
Muhammadsis SET |
M |
Student,
Royal Academy of Cambodia |
10
|
Oudamsoriya HUN |
F |
Student,
Royal University of Law and
Economics |
11
|
Phalla PRUM |
M |
Research
Team, Documentation Center of
Cambodia |
12 |
Phum ITH |
M |
Lawyer,
Cambodia's Women Crisis
Center |
13 |
Rodbottrey SEAP |
F |
Rice
Party |
14 |
Sam Ok SOTH |
M |
Senior
Student, RP |
15
|
Sarada TAING |
M |
Investigator, Cambodian
Center for Human Rights |
16 |
Sarakmony TEAV |
M |
Editor,
Club of Cambodian Journalists |
17
|
Sinneary LAN |
F |
Senior
Student, Royal University of
Law and Economics |
18 |
Sochea PHANN |
M |
PA Team,
Documentation Center of
Cambodia |
19 |
Sokkheang LY |
M |
Database
Team, Documentation Center of
Cambodia |
20 |
Sophary NOY |
F |
PA Team,
Documentation Center of
Cambodia |
21 |
Sopheap EN |
M |
Senior,
Royal University of Law and
Economics |
22
|
Sophorne KHEANG |
F |
Senior
Student, Royal University of
Law and Economics |
23
|
Sorphonneary NY |
F |
Senior
Student, Royal University of
Law and Economics |
24 |
Sovathara LAM |
M |
LICADHO |
25 |
Sovathara NEANG |
M |
Program
Officer, Khmer Institute of
Democracy |
26
|
Srinna TY |
F |
Senior
Student, Royal University of
Law and Economics |
27
|
Sthabna HOU |
M |
Senior
Student, Royal University of
Law and Economics |
28
|
Terith CHY |
M |
Senior
Student, Royal University of
Law and Economics |
29
|
Vibol PEN |
M |
Senior
Student, Royal University of
Law and Economics |
30 |
Vireak SARIN |
M |
PA Team,
Documentation Center of
Cambodia |
31 |
Sunee Saksarat |
F |
The
Netherlands Embassy |
32 |
Sineang Chhoeung |
M |
Khmer
Youth Association |
33 |
Rithy SENG |
M |
Khmer
Youth Association |
1995-1996 course
trainees who joined a working lunch with this year participants:
Chan Sotheavy, Director of Civil Affairs Department, Ministry of
Justice
Huot Vuthy, Deputy
Prosecutor of Kandal Province
Kang Rith Kiri, Lawyer, Asian International Law Firm
Nin Saphon, Member of Parliament, Cambodian People's Party
Seng Sivutha, Judge and Director of Criminal Affairs Department,
Ministry of Justice
Soeung Panhavuth, Board Director of Prosecutor Affair Department,
Ministry of Justice
ORGANIZATION
Supervisor
John Ciorciari, an
international lawyer trained at Harvard and Oxford Universities
Coordinators
Aubrey Ardema, Santa
Clara University School of Law (lead)
Bunsou Sour, DC-Cam
Sorya Sim, DC-Cam
Opening speech
Daniel Cavegn (Dr.), Embassy of Switzerland Bangkok
Trainers
Ron C. Slye (Prof.),
Seattle University School of Law
Elizabeth Van
Schaack (Prof.), Santa Clara University School of Law
Noah Benjamin
Novogrodsky (Prof.), University of Toronto, Faculty of Law
Aubrey Ardema, Santa
Clara University School of Law
Julia M. Fromholz, University California, Berkeley/Harvard University
Katrina E. Anderson, Seattle University School of Law
Kelly Whitley, University of Virginia
Stephen Andrew Liang, Harvard Law School
Guest Speakers
Bernie O’Donnell,
Lecturer, Institute for International Criminal Investigations
Doeuk Pidor,
Professor of Law, Royal University of Law and Economics
Hing Thirith, Judge, Provincial Court of Stung Treng
Huot Vuthy, Deputy Prosecutor, Provincial Court of Kandal
Kang Rith Kiri, Lawyer, Asian International Law Firm
Mao Chandara, Deputy Chief of National Police Commissioner of the
Ministry of Interior
Maonh Sophan, Member of Parliament, FUNCINPEC
Sean Visoth, Executive Secretary, Tribunal Task Force, Office of the
Council of Ministers
Stephen Heder,
Professor, School of Oriental and African Studies, UK
Son Chhay, Member of Parliament, Sam Rainsy Party
PROGRAM
I.
CAMBODIAN AND
INTERNATIONAL HUMAN RIGHTS LAW
Thursday,
July 22
OPENING SPEECH
Dr. Daniel Cavegn, Embassy of Switzerland,
Bangkok
MORNING (Prof. Ron Slye)
History and
importance of international human rights law, drawing upon
contemporaneous examples where international human rights law has been
applied – Iraq, Rwanda, Cambodia. Relationship between international
and domestic law, using EC Statute as one example.
AFTERNOON
(Prof. Ron Slye)
Broad
overview of different types of rights: civil, political, economic,
social, and cultural.
Friday, July
23
(Welcome
lunch for Prof. Ron Slye at DC-Cam.)
Assigned
Reading:
1. Ratner/Abrams,
Accountability for Human Rights Atrocities in International Law, pp.
9-19
2. International
Covenant on Civil and Political Rights (ICCPR),
3. International
Covenant on Economic, Social, and Cultural Rights (ICESCR)
4. Steiner/Alston
pp. 237-8, 245-8.
MORNING (Prof. Ron Slye)
Sources of
international law: Treaties. Using statute creating the EC, discuss
different sources of international law and their use in interpreting
domestic law.
AFTERNOON (Prof. Ron Slye)
ICCPR compared to EC – e.g. Article 14
and defendant protections; substantive violations – definition of
torture, etc. Compare to other domestic tribunals influenced by
international law, such as the Special Tribunal to prosecute Saddam
Hussein and other Iraqis.
Monday, July
26
Assigned
Reading:
1.
Convention
Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment (Torture Convention)
2.
Convention on
the Prevention and Punishment of the Crime of Genocide (Genocide
Convention)
3.
Steiner/Alston pp. 1049-53 (focus on international law issues, pp.
1051-53).
MORNING (Prof. Ron Slye)
Sources of
international law: Ius Cogens and Customary International Law, with
brief reference to general principles, judgments, and publicists as
source of international law.
AFTERNOON (Prof. Ron Slye)
Customary
international law of torture, with reference to contemporary practice,
such as Iraq and the Abu Ghraib prison scandal. Contemporary
Cambodian case of police abuse.
Tuesday, July
27
– STUDENT COURSE EVALUATIONS
Assigned
Reading:
1. Steiner/Alston
pp. 612-14, 619-23, 706-09.
MORNING (Prof. Ron Slye)
Systems of
human rights adjudication: international, regional, and national.
Brief overview of UN and regional human rights regimes and the
different mechanisms they have for interpreting human rights law.
AFTERNOON
Doeuk Pidao, Royal University of Law and Economics
Possible
conflicts between Cambodian laws and international laws on part of
human rights
II.
HISTORY AND
PRINCIPLES OF INTERNATIONAL CRIMINAL LAW
Thursday,
July 29
Assigned
Reading:
1. Steiner/Alston
pp. 28-30, 31-33, 761-66.
2. Cambodian
Constitutional Council, Case No. 038/001/2001
MORNING
(Prof. Ron Slye)
Review of International Human Rights Law, its substance and processes,
through the case study of capital punishment.
AFTERNOON
H.E. Sean Visoth, Office of the Council
of Ministers
Negotiation process of the Khmer Rouge tribunal
Friday, July
30
(Welcome
lunch for Prof. Beth Van Schaack at DC-Cam.)
Assigned
Reading:
1. Steiner/Alston
pp. 1134-38
2. Nuremberg
Statute
3. Tokyo
Statute
MORNING (Profs. Ron Slye and Beth Van Schaack)
Comparison of
international criminal and civil system. Move from collective to
individual responsibility. International jurisdiction questions.
AFTERNOON (Prof. Beth Van Schaack)
History of
international criminal law with a discussion of efforts at
codification and adjudication associated with World War I, World War
II, Cold War and post-Cold War periods.
III.
THE CRIMES
COVERED BY THE EC STATUTE
Monday,
August 2
Assigned
Reading:
1. ICC
Statute (Article 7 only)
2. ICTY
Statute (Article 5 only)
3. ICTR
Statute (Article 3 only)
4. Convention
Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment (Torture Convention)
MORNING
(Prof. Beth Van Schaack)
Introduction
to major treaties and instruments (Geneva Conventions, Genocide
Convention, Torture Convention) and enforcement mechanisms (ICTY, ICTR,
Sierra Leone hybrid court, International Criminal Court)
AFTERNOON
(Prof. Beth Van Schaack)
Crimes
Against Humanity – history of the crime, consensus International
Criminal Court definition, elements, constitutive crimes (torture,
arbitrary detention, deportation, murder), current prosecutorial
efforts, application to Cambodia.
Tuesday,
August 3
– REFLECTIVE ESSAY 1 DUE
Assigned
Reading:
1. Geneva
Conventions Common Articles 2 and 3
2. ICTY
Statute (Article 4 only)
3. Convention
on the Prevention and Punishment of the Crime of Genocide (Genocide
Convention)
MORNING (Prof. Beth Van Schaack)
Genocide –
history of the crime and its signature treaty, elements, current
prosecutorial efforts, application to Cambodia.
AFTERNOON (Prof. Beth Van Schaack)
Exercise on Genocide and Crimes Against
Humanity.
Thursday,
August 5
Assigned
Reading:
1. ICC
Statute (Article 8 only)
2. ICTY
Statute (Article 2 only)
3. ICTR
Statute (Article 4 only)
MORNING
(Prof. Beth Van Schaack)
War Crimes –
History of war crimes, elaboration of treaty regimes, international
versus internal armed conflict, current prosecutorial efforts,
application to Cambodia.
AFTERNOON (Prof. Beth Van Schaack)
Other crimes within the EC Statute. Exercise.
Friday,
August 6
Assigned
Reading:
1. ICTY
Statute (Article 7 only)
MORNING (Prof. Beth Van Schaack)
Forms of
responsibility (direct responsibility, complicity, conspiracy, joint
criminal enterprise, command responsibility).
AFTERNOON
(Prof. Beth Van Schaack)
Exercise,
review, and wrap up.
(H.E. Maonh
Sophan)
Khmer Rouge
tribunal law
Monday,
August 9
MORNING (Steven Liang)
Defenses in international criminal law.
AFTERNOON
Kang Rith Kiri, Asian International Law Firm
Elements of genocide and crimes under Khmer
Rouge
Tuesday,
August 10*
MORNING (*Special 2-hour class)
Movie: S-21
AFTERNOON (*Special 1-hour class)
The class
will be divided into four smaller groups, each led by a member of the
Legal Team, for a discussion of the movie S-21.
IV. PROCEDURE
AND EVIDENCE
Thursday,
August 12
MORNING (Katrina Anderson)
Procedure at the EC.
AFTERNOON
Mr. Huot Vuthy, Deputy Prosecutor of Kandal
Province
Procedure for criminal investigation
Friday,
August 13
MORNING
Judge Hing
Thirith
Procedure and proceedings of Cambodian courts.
AFTERNOON
General Mao
Chandara, Deputy Commissioner of the National Police
Security for the Khmer Rouge
tribunal
V.
SPECIFICS OF
THE EC
Monday,
August 16
Assigned Reading:
1. Ratner/Abrams,
Chapters 12-13
MORNING (Julia Fromholz)
Evidence at the EC.
AFTERNOON
Procedure and Evidence Exercise.
Tuesday,
August 17
– REFLECTIVE ESSAY 2 DUE
MORNING
Internet research presentation. How to access
international law?
AFTERNOON
Internet research exercise.
VI.
APPROACHES TO
TRANSITIONAL JUSTICE
Thursday,
August 19
Assigned
Reading:
1. Excerpts
from We Wish to Inform You That Tomorrow We will Be Killed With Our
Families, pp. 35-43
2. Excerpt
from Ntakirutimana case
MORNING (Prof. Noah Novogrodsky)
Introduction
to competing approaches to transitional justice: international,
hybrid, and domestic models. The strengths, weaknesses, and lessons
of international criminal prosecutions. International Criminal Court
developments.
AFTERNOON
H.E. Son Chay, National Assembly
Constructive criticism views on Khmer Rouge
tribunal
Friday,
August 20
Assigned
Reading:
1. Michelle
Sieff, “A Special Court for Sierra Leone,” in Crimes of War: What the
Public Should Know, Roy Gutman and David Rieff, eds. (2001)
2. Special
Court for Sierra Leone Statute
MORNING (Prof. Noah Novogrodsky)
Hybrid
justice – the value of local proceedings, accommodating domestic and
international law.
AFTERNOON
(Prof. Noah Novogrodsky)
The Sierra Leone example.
Monday,
August 23
Assigned
Reading:
1. Samantha
Power, “Rwanda: The Two Faces of Justice,” New York Review of Books,
December 2002
MORNING (Prof. Noah Novogrodsky)
Domestic
accounting – trials, truth commissions, and non-judicial testimony.
AFTERNOON (Prof. Noah Novogrodsky)
Discussion:
U.S. v. McVeigh and South African Truth and Reconciliation Commission.
Tuesday,
August 24
Assigned Reading:
1. Excerpt
from Sydney Schanberg “Cambodia,” in Crimes of War: What the Public
Should Know, Roy Gutman and David Rieff, eds. (1999)
2. U.S.
Institute of Peace Special Report, “Building the Iraqi Special
Tribunal” (2004)
MORNING (Prof. Noah Novogrodsky)
Applying
international criminal lessons to Cambodia. Lessons from Sierra Leone
and Iraq for Cambodia.
AFTERNOON (Prof. Noah Novogrodsky)
Mock Trial Exercise.
VII.
ROLE
PLAYING/MOCK TRIAL EXERCISE
Thursday,
August 26
MORNING
Mock Trial Exercise.
AFTERNOON
Mock Trial Exercise.
Friday,
August 27
–
REFLECTIVE ESSAY 3 DUE
MORNING
Mock Trial Exercise.
AFTERNOON
(Bernie O'Donnell)
Institute for
International Criminal Investigations Lecture – the chain of evidence,
from the field to the courtroom.
Monday,
August 30
Assigned Reading:
1. Ambassador
Thomas Hammarberg, “How the Khmer Rouge tribunal was agreed:
discussions between the Cambodian government and the UN, Part I: March
1997-March 1999”
MORNING (Prof. Stephen Heder)
History of Negotiations.
AFTERNOON
Tuol Sleng class visit.
Tuesday,
August 31
Lunch from 12:00-2:00
Course Evaluations and Wrap Up.
Prepared by Sorya SIM, Deputy Director
truthsorya@dccam.org |