Amicus curiae brief in the matter of the co-prosecutors’ appeal of the closing order against Kaing Guek Eav “Duch” dated 8 August 2008

This article deals with two issues: the development of the theory of JCE and the evolution of thedefinition of this mode of liability, with particular reference to the time period 1975–1979, and the application of JCE as a mode of liability before the ECCC,taking into account the fact that the crimes were committedduring the period of 1975–1979. It first explains JCE by referring to modern case law and its purpose andconceptual (‘‘dogmatic’’) structure. I then compares JCE to the traditional forms of participation in order to more exactly classifythe three forms of JCE identified by the case law and prepare the ground for the second(special) part. In this part, It examines ifJCE is, first, applicable under the ECCC law and/or, second, can beapplied retroactively to the crimes committed during 1975–1979.

Journal/Publisher: Criminal Law Forum, Volume 20, Issue 2

Publication type: Article

Number of pages/Page range: 353-388

Language/s (content): English

Date of publication: 01-06-09

Personal data

Full name Kai AMBOS

Current occupation Member

University/Institution Göttingen University

Address Platz der Göttinger Sieben 6

Postal code 37073

Telephone +49 551.39.7316 (7430)

Email kambos@gwdg.de