A/RES/57/228
Crimes Committed during the Period of Democratic Kampuchea, and noting with
appreciation the general provisions and competence of the Law and its provision for
a role for the United Nations,
Noting the statements of the Secretary-General on 8 February and 20 August
2002 concerning negotiations between the Secretary-General and the Government of
Cambodia on the establishment of the Extraordinary Chambers,
Welcoming the subsequent discussions between the Secretary-General and the
Government of Cambodia on the establishment of the Extraordinary Chambers,
Welcoming also the Joint Communiqué of the thirty-fifth Ministerial Meeting
of the Association of South-East Asian Nations, held in Brunei Darussalam on 29
and 30 July 2002, which, inter alia, expressed support for the continued efforts of
the Government of Cambodia to bring the senior leaders of Democratic Kampuchea
and those most responsible for serious crimes committed to trial in accordance with
international standards of justice, fairness and due process of law and recognized the
need for the Government of Cambodia and the United Nations to cooperate in this
regard,
Desiring that the international community continue to respond positively in
assisting efforts to investigate the tragic history of Cambodia, including
responsibility for past international crimes such as acts of genocide and crimes
against humanity committed during the regime of Democratic Kampuchea,
1.
Requests the Secretary-General to resume negotiations, without delay, to
conclude an agreement with the Government of Cambodia, based on previous
negotiations on the establishment of the Extraordinary Chambers consistent with the
provisions of the present resolution, so that the Extraordinary Chambers may begin
to function promptly;
2.
Recommends that the Extraordinary Chambers should have
subject-matter jurisdiction consistent with that set forth in the Law on the
Establishment of the Extraordinary Chambers in the Courts of Cambodia for the
Prosecution of Crimes Committed during the Period of Democratic Kampuchea;
3.
Recommends also that the Extraordinary Chambers should have personal
jurisdiction over the senior leaders of Democratic Kampuchea and those who were
most responsible for the crimes referred to in paragraph 2 above;
4.
Emphasizes that the arrangements for the establishment of Extraordinary
Chambers, as devised in particular by the Royal Government of Cambodia, should:
(a) Ensure that the Extraordinary Chambers exercise their jurisdiction in
accordance with international standards of justice, fairness and due process of law,
as set out in articles 14 and 15 of the International Covenant on Civil and Political
Rights; 2
(b)
Include arrangements for an appellate chamber;
5.
Also emphasizes the importance of ensuring the impartiality,
independence and credibility of the process, in particular with regard to the status
and work of the judges and prosecutors;
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2
2
See resolution 2200 A (XXI), annex.
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