From November 21, 2011 onwards, Emmanuel Jacomy (Associate, Singapore International Arbitration team) will represent victims in the first merits hearing in Case No. 2 before the Extraordinary Chambers in the Courts of Cambodia (“ECCC”), a United Nations-supported tribunal set up to bring to trial senior leaders of the Khmer Rouge regime led by Pol Pot in Cambodia from 1975 to 1979, 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 that period.
Case No. 2 was brought in 2007 against four senior leaders of the Khmer Rouge regime (also known as Democratic Kampuchea at the time): Nuon Chea (former Deputy Secretary of the Communist Party of Kampuchea), Ieng Sary (former Deputy Prime Minister for Foreign Affairs), Khieu Samphan (former Head of State) and Ieng Thirith (former Minister of Social Affairs). The four accused are charged with crimes against humanity, grave breaches of the Geneva Conventions of 1949, and genocide, as well as homicide, torture, and religious persecution within the meaning of the Cambodian Penal Code 1956. Between 1.7 and 2.2 million people died under the Democratic Kampuchea regime from 1975 to 1979.
During the first phase of the trial, the Trial Chamber will address general questions relating to, inter alia, the structure of the Democratic Kampuchea regime, the role of the accused in the government and/or the policies of Democratic Kampuchea.
Shearman & Sterling’s responsibilities will include assisting and representing victims during the hearings, as well as contributing to the collective work of the Lead Co-Lawyers and Civil Party Lawyers involved in the trial. This trial is the first international criminal trial of the kind, in that victims are awarded the status of civil parties in the proceedings and are given full rights to defend their interests in the trial, including the rights to be represented by a lawyer, request investigations, cross-examine witnesses or seek reparations.
According to Yas Banifatemi, head of Shearman & Sterling’s Public International Law practice and Paris-based partner in charge of the case, “The firm is both delighted and proud to be involved in the ECCC project, which builds on Shearman & Sterling’s experience with the Office of the Prosecutor at the ICTR and the ICC and reinforces the firm’s commitment to the development of international law.”
Shearman & Sterling has developed one of the most extensive international pro bono programs, which involves partners and associates from its offices worldwide. For more information about the firm’s pro bono work contact Saralyn Cohen, Pro Bono Counsel and Director of Pro Bono.
