engleski

Appeal Judgement, Prosecutor v. Khieu Samphân and Nuon Chea, Case No. 002/19-09-2007-ECCC/SC, SC. Ch., 23 November 2016

The aim of the scientific research is an analysis of the intriguing issue of whether an international appellate chamber of last resort may opine on questions of law that do not invalidate the trial chamber's judgement, as most recently explored in the Appeal Judgement of the Extraordinary Chambers in the Courts of Cambodia (ECCC) of 23 November 2016. The exception created by appellate bodies for rendering declaratory decisions based on a question of law's "general significance" for the court's jurisprudence should be abandoned. Such exception is contrary to the procedural bar of forfeiture, as expressed in the plain language of respective appeal provisions ; conflicts with various policy considerations, including a lack of authority to issue advisory opinions and the efficient use of judicial resources ; and prejudices future defendants by permitting the creation of legal precedent absent a live case or controversy at the behest of the prosecution without adequate adversarial testing by an interested and committed opponent.

international appelate chamber ; questions of law ; legal errors ; JCE III ; advisory opinions

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