The proceedings are expected to be televised and, if possible, video broadcasted outside the court to accommodate overflow
audiences. There will be two levels of court: The Trial Chamber and the Supreme Court Chamber. At the Trial Chamber, there will be 5 judges comprising 3 Cambodian and 2
international judges. At the Supreme Court Chamber there will be 7 judges: 4 Cambodian judges and 3 international judges. Under Cambodian law today, as in many other countries, there are no juries or people’s assessors. There will not be a jury. All decisions will be made by the judges.
The Supreme Court is the final court
SUPREME COURT CHAMBER: 7 JUDGES
4 Cambodian + 3 International
Appeals will go from the Trial Court to the Supreme Court which is the highest level
TRIAL COURT CHAMBER: 5 JUDGES
3 Cambodian + 2 International
Four out of five trial judges must vote to make a decision.
Many people from all over the world will want to know about what is happening during the trials. You will be able to follow the trials on local and international television, radio and in the newspapers. The Women’s Media Centre has already begun a regular radio program. A number of international judges will be nominated by the UN Secretary-General. The Cambodian Supreme Council of the Magistracy will then select five international judges from that list and appoint them to the court. The Supreme Council of the Magistracy will also be responsible for appointing the seven Cambodian judges from among people qualified to be Cambodian judges.
Both Cambodian and international judges are to be people of high moral character qualified to be judges in their own countries. They must be honest and independent, and they must not accept instructions from any person, government or any other source. All judges will receive specific training at the Royal School for Judges and Prosecutors in Phnom Penh: the foreign judges will learn about Cambodian law and the Cambodian judges will learn about international law.
The judges will try to reach unanimous agreement on any decision made. If they cannot all agree, then a decision requires what is called a ‘super-majority’. In the Trial Chamber 4 out of the 5 judges must vote for a conviction and in the Supreme Court Chamber 5 of the 7 judges must vote for an appeal decision. Every decision must therefore have the support of both Cambodian and international judges. Because of this formula, if the super-majority cannot be reached then the defendant will be released. This follows the fundamental legal principle that everyone must be considered innocent until they are found guilty of a crime. Two co-prosecutors (1 Cambodian and 1 international) will collect evidence and decide whom to charge and with what crimes. The co-prosecutors will pass cases to the two investigating judges (1 Cambodian and 1 international). If there is enough evidence, the case proceeds to trial (much evidence has already been collected and is being safely stored).
The trial judges hear the evidence presented by the prosecution and by the defense; they then consider both sides of the case, discuss among themselves and decide whether the suspect is guilty or not guilty. The trial judges must issue a written judgment explaining the reasons for their decision. If any judges disagree with the decision, they must also explain their reasons for voting differently from the majority. All the judgments will be made public. They will try to reach agreement, but if they cannot, then 5 judges meet to decide whether or not to take the case to trial. Neither the Cambodian nor the international judges, co-prosecutors or investigating judges can alone block a case from going to trial.