Genocide Studies and Prevention: An International Journal Volume 8 Issue 2 Post-Genocide Cambodia: The Politics Article 8 of Justice and Truth Recovery 5-1-2014 Cases 003 and 004 at the Khmer Rouge Tribunal: The Definition of “Most Responsible” Individuals According to International Criminal Law Randle C. DeFalco Legal Advisor to The Documentation Center of Cambodia (DC-Cam) Follow this and additional works at: https://scholarcommons.usf.edu/gsp Recommended Citation DeFalco, Randle C. (2014) "Cases 003 and 004 at the Khmer Rouge Tribunal: The Definition of “Most Responsible” Individuals According to International Criminal Law," Genocide Studies and Prevention: An International Journal: Vol. 8: Iss. 2: 45-65. DOI: http://dx.doi.org/10.5038/1911-9933.8.2.6 Available at: https://scholarcommons.usf.edu/gsp/vol8/iss2/8 This Article is brought to you for free and open access by the Open Access Journals at Scholar Commons. It has been accepted for inclusion in Genocide Studies and Prevention: An International Journal by an authorized editor of Scholar Commons. For more information, please contact
[email protected]. Cases 003 and 004 at the Khmer Rouge Tribunal: The Definition of “Most Responsible” Individuals According to International Criminal Law Randle C. DeFalco Legal Advisor to The Documentation Center of Cambodia (DC-Cam) Abstract: The commission of genocide and other large-scale international crimes typically involves a multitude of perpetrators acting in concert. As such, the pursuit of individual criminal accountability following the perpetration of mass crimes has involved oft-controversial decisions of whom to prosecute. This challenge is exemplified by the ongoing controversy in Cambodia concerning the proper scope of prosecutions at the Extraordinary Chambers in the Courts of Cambodia (ECCC) for the crimes of the Khmer Rouge regime from 1975-1979, as the Court’s third and fourth cases have languished amidst considerable controversy for years.