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DSS: Building
capacity |
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Training |
The ECCC is the first opportunity for many
Cambodian lawyers to practise in international criminal law. The
cases before the ECCC are highly complex, requiring modern methods
of case management and preparation. In consultation and cooperation
with the Bar Association of the Kingdom of Cambodia the DSS has
provided training in order to better equip Cambodian lawyers to
defend cases at the ECCC.
Training has been provided in conjunction with the International
Bar Association (the International Criminal Law course) as well as
the East-West Center, Hawaii / War Crimes Studies Centre, University of California,
Berkeley (the Defending Complex Crime course). Both courses utilised the International
Criminal Law Training Materials for the ECCC, produced in English and Khmer by International
Criminal Law Services and Open Society Justice Initiative.
This training also forms part of the legacy of the ECCC as the skills that lawyers
learn will be utilised in their normal criminal cases and are therefore beneficial for
the criminal justice system in Cambodia. The following courses have been provided:
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International Criminal
Law |
The course on international criminal law deals
with the specialised criminal offences and forms of responsibility
that are within the jurisdiction of the ECCC. The course covers
the following topics:
- Genocide
- Crimes against humanity
- Grave Breaches of the Geneva Conventions
- Forms of responsibility
- Command Responsibility
- Defence
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Defending Complex
Crime |
Cases before the ECCC involve
highly complex legal and factual issues quite unlike normal criminal
cases. This course is designed to equip Cambodian Lawyers with
the new skills that are necessary in order to prepare and defend
cases at the ECCC. The course contains the following modules, which
are also taught as free-standing seminars:
- Making a legal argument using international law
- Using Human Rights Law
- Case Theory development
- How to use a defence team effectively
- Procedure at the ECCC
- Electronic evidence management
- International criminal procedure
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Case Managers Course |
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Co-Lawyers are supported by defence teams including
Case Managers who are responsible for managing the evidence
and ensuring the case is organised properly. This responsibility
requires additional skills to those acquired during a standard
legal education. The Case Managers Course contains the following
modules:
- Module 1- Introduction to ECCC
- Module 2- Legal Research
- Module 3- Active Defending
- Module 4- Case Management and Fees
- Module 5- Software
- Module 6- Persuasive Argument
- Module 7- Defending International Crimes
- Module 8- Using Documentary Evidence
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Previous Speakers |
A number of distinguished lawyers have been
involved in the DSS training programme.
- Stuart ALFORD. Barrister. UN Prosecutor before the
Special Panels for Serious Crimes in East Timor, 2001-2003.
- Gilbert BITTI. Senior Legal Advisor to the Pre-Trial
Division of the International Criminal Court in the Hague.
- Professor David COHEN. Director, Berkeley War Crimes
Studies Centre and Ancker Distinguished Professor of the Humanities
at the University of California, Berkeley.
- Rodney DIXON. Defence counsel, Haradinaj (ICTY), Author, ‘Archbold International’.
- Alan GUTMAN. Defence counsel, Special Panel for Serious
Crimes, East Timor, 2002-2005.
- Gillian HIGGINS. Barrister. Defence counsel for Slobodan
Milosevic (ICTY), Ferdinand Nahimana (ICTR) and Alfred Musema
(ICTR).
- Guénaël Mettraux. Defence counsel, Halilovic (ICTY), Boskoski (ICTY). Author, ‘International Crimes and the Ad Hoc Tribunals’.
- Professor Andreas O’SHEA. Associate Professor of International
Law, University of Kwa-Zulu Natal, South Africa. Defence counsel
for Karamera and Rwanmakuba (ICTR), Seselj (ICTY) and Augustine
Gbao (SCSL).
- Eugene O’SULLIVAN. Defence counsel, Delalic (ICTY), Plavsic (ICTY), Milutinovic (ICTY)
- Judge Philip RAPOZA. Chief Justice of the Massachusetts
Appeals Court. Judge, Special Panels for Serious Crimes, East
Timor, 2003-2005.
- Richard Rogers. California Bar. Deputy head, DSS, ECCC.
Previously legal officer at the ICTR and the ICTY.
- Rupert Skilbeck, Barrister. Head, DSS, ECCC. Previously Director of OKO,
Court of BiH, Sarajevo, and Defence Advisor, SCSL.
- Michelle STAGGS. Asian International Justice Initiative.
Previously Trial Monitor at the Special Court for Sierra Leone.
- Michail WLADIMIROFF. Defence counsel for Dusko Tadic
(ICTY) and before the ICTR. Amicus curiae for Slobodan Milosevic
(ICTY).
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