2011 Webby Honoree
2011 Silver Trumpet Winner - Publicity Club of Chicago
2010 Golden Trumpet Winner - Publicity Club of Chicago
Khieu Samphan
Khieu Samphan
Office of the Co-Investigating Judges
- Khieu Samphan, OCIJ, Inter-Office Memorandum of the CIJs Concerning the Legal Representation of Civil Parties (28 June 2010)
- Khieu Samphan, OCIJ, Order on Request for annulment for abuse of procedure, D197/4 (2 March 2010)
- Khieu Samphan, OCIJ, Order on Request for Investigative Action, 158/5 (3 April 2009) (denying joint defence request for investigation into corruption allegations against the tribunal on the grounds that OCIJ power to take any investigative action conducive to ascertaining the truth" is limited by their jursidiction, conferred by Article 2 of the 2004 ECCC Law, to bringing to trial senior leaders of Democratic Kampuchea and those most responsible for international crimes committed between 1975 and 1979; accordingly, extending judicial investigation to these corruption allegations would be an abuse of power)
- Khieu Samphan, OCIJ, Order on Access to Case File by Detainees, 127 (26 Jan. 2009)(granting detainees the right to access a limited number of case file documents in their cells, provided those documents fit in a lockable file cabinet to be provided each detainee)
- Khieu Samphan, OCIJ, Order On Extension of Provisional Detention (18 Nov 2008)(extending provisional detention for one year)(French)
- Khieu Samphan, OCIJ, Order Refusing Request for Release (28 Oct 2008)
- Khieu Samphan, OCIJ, Order Refusing the Request for Release (23 June 2008)
- Khieu Samphan, OCIJ, Order Concerning Translation Rights and Obligations of the Parties (20 June 2008)
- Khieu Samphan, OCIJ, Order of Provisional Detention (19 Nov. 2007)
Pre-Trial Chamber
Pleadings
- Khieu Samphan, PTC, Pros., Co-prosecutors' Request to file a Joint Response to the Appeal Brief of Nuon Chea, Ieng Sary, Khieu Samphan and Ieng Thirith against the Closing Order (6 October 2010)
- Khieu Samphan, PTC, Pros., Response to the DSS request to submit an amicus curiae brief to the Supreme Court Chamber (23 September 2010)
- Khieu Samphan, PTC, Def., Letter from Director of Detention Facility to PTC Judges (27 May 2010) (informing the PTC that the charged person cannot appear in court due to fatigue)
- Khieu Samphan, PTC, Def., Reply to the Co-Prosecutors' Joint Response on Joint Criminal Enterprise, D97/16/9 (25 March 2010)
- Khieu Samphan, PTC, Def., Reply to the Co-Prosecutors' Response to Mr. Khieu Samphan's Appeal against the Order on the Request for Investigative Action to Seek Exculpatory Evidence in the SMD, D164/4/10 (26 October 2009)
- Khieu Samphan, PTC, Pros., Observations on Khieu Samphan's Request for Reconsideration of the Pre-Trial Chamber's Order dated 20 August 2009 about Oral Hearing, D164/4/8 (28 September 2009)
- Khieu Samphan, PTC, Pros., Observations on Khieu Samphan's Request for Reconsideration of the Pre-Trial Chamber's Order dated 20 August 2009 about Oral Hearing, D164/4/8 (28 September 2009)
- Khieu Samphan, PTC, Pros., Response to Appeal Against OCIJ Order Denying Request for Investigative Action Regarding Allegations of Administrative Corruption, D158/5/4/10 (29 May 2009) (arguing that the OCIJ decision should be upheld because investigation into corruption is outside the jurisdiction of the OCIJ and because there is no sufficient link between allegations of administrative corruption and the fair trial rights of accused persons)
- Kheiu Sampan, PTC, Pros., Response to Appeal Against the Order Refusing Request for Immediate Release, C40/5/2 (28 Jan. 2009)
- Khieu Sampan, PTC, Pros., Response to the Appeal Against the Order Extending Provisional Detention, C26/5/10 (22 Jan. 2009)
- Khieu Samphan, PTC, Pros., Response to Supplemental Application for Release (16 Dec 2008)
- Khieu Samphan, PTC, Def., Extremely Urgent Supplemental Application for Release (4 Dec 2008)
- Khieu Samphan, PTC, Def., Appeal Against the Order Extending Provisional Detention (4 Dec 2008)(French)
- Khieu Samphan, PTC, Def., Appeal Against 28 October OCIJ Order Refusing Request for Release (27 Nov 2008)(French)
- Khieu Samphan, PTC, Pros., Response to Translation Rights and Obligations of the Parties (28 Aug. 2008)
- Khieu Samphan, PTC, Def., Notification of Defence Counsel's Position Regarding Appeal Against Provisional Detention (21 Aug. 2008)
- Khieu Samphan, PTC, Def., Appeal Against OCIJ Decision Concerning Translation Rights and Oblications (22 July 2008)
- Khieu Samphan, PTC, Civil Party (joint civil parties), Joint Response to Submissions on the Participation of Civil Parties in Provisional Detention Appeals (6 Mar. 2008)
- Khieu Samphan, PTC, Def. (with lawyers for Nuon Chea, Ieng Sary, and Ieng Thirith), Submissions on Civil-Party Participation in Appeals Related to Provisional Detention (22 Feb. 2008)
Orders, Decisions, and Judgments
- Khieu Samphan, PTC, Decision on Appeals by Nuon Chea and Ieng Thirith Against the Closing Order (15 Feb 2011) (Dismissing nearly all appeals, but granting one to add a nexus element to Chapeau requirements listed in the Closing Order)
- Khieu Samphan, PTC, Decision on Khieu Samphan's Appeal Against the Closing Order (21 Jan 2011) (Rejecting the appeal)
- Khieu Samphan, PTC, Decision on Khieu Samphan's Appeal Against the Closing Order (13 Jan 2011) (Rejecting the appeal, but granting two requests for changes to the Closing Order, and sending the case to trial)
- Khieu Samphan, PTC, Decision on Khieu Samphan's Interlocutory Application for an Immediate and Final Stay of Proceedings for Abuse of Process (12 Jan 2011) (Finding the application inadmissible because the alleged abuses did not raise serious issues of fairness and were not egregious enough to justify a stay of proceedings)
- Khieu Samphan, PTC, Decision on Request for Translation of All Documents Used in Support of the Closing Order (15 Dec 2010) (rejecting defense's request to have all documents supporting the Closing Order translated into French)
- Khieu Samphan, PTC, Decision on reconsideration of Co-Prosecutors' Appeal against the Co-Investigating Judges Order on Request to Place Additional Evidentiary Material on the Case File which Assists in Proving the Charged Persons' Knowledge of the Crimes (27 September 2010)
- Khieu Samphan, PTC, Decision on appeal of Co-lawyers for civil parties against order on civil parties'request for Investigative Actions concerning all Properties owned by the Charged Persons (4 August 2010)
- Khieu Samphan, PTC, Decision on Appeal of Co-Lawyers for Civil Parties against Order Rejecting Request to Interview Persons named in the Forced Marriage and Enforced Disappearance Requests for Investigative Action (21 July 2010)
- Khieu Samphan, PTC, Decision on Reconsideration of Co-Prosecutors' appeal against the Co-Investigating Judges order on Request to Place Additional Evidentiary Material on the Case File which assists in proving the Charged Persons' Knowledge of the Crimes (14 July 2010)
- Khieu Samphan, PTC, Warning for unauthorised disclosure of confidential information (9 July 2010)
- Khieu Samphan, PTC, Decision on the Appeal against the “Order on the Request to place on the Case File the documents relating to Mr. Khieu Samphan's Real Activity” (7 July 2010)
- Khieu Samphan, PTC, Decision on Co-Prosecutors' Appeal against the Co-Investigating Judges Order on Request to Place on Case File Additional Evidentiary Material which assists in proving the Charged Persons' Knowledge of the Crimes (15 June 2010)
- Khieu Samphan, PTC, Decision on the Appeals Against the Co-Investigative Judges Order on Joint Criminal Enterprise (JCE), D97/15/9 (20 May 2010)
- Khieu Samphan, PTC, Decision on Khieu Samphan's Appeal Against the Order on the Request for Anulment for Abuse of Process (4 May 2010)
- Khieu Samphan, PTC, Decision on Khieu Samphan's Appeal against Order on Extension of Provisional Detention (30 April 2010)
- Khieu Samphan PTC, Decison on admissibility of the appeal against Co-investigating judges' order on use of statements which were or may have been obtained by torture, D130/10/12 (27 January 2010)
- Khieu Samphan, PTC, Decision to determine the appeal on written submissions and direction for a reply, D197/5/3 (27 January 2010)
- Khieu Samphan, PTC, Decision on the Admissibility of the Appeal Lodged by Khieu Samphan and Directions to the Co-Prosecutors, D164/4/7 (22 September 2009)
- Khieu Samphan, PTC, Decision on Appeal Against Order Refusing Request for Release and Extension of Provisional Detention Order, C26/5/26 (3 July 2009) (finding that the OCIJ had properly exercised its discretion in the challenged orders, and accordingly affirming them)
- Khieu Samphan, PTC, Warning to International Co-Lawyer, C26/5/22 (19 May 2009)(warning international co-counsel Jacques Verges that he faces sanctions under IR 38 if he continues conduct that is abusive, offensive, or otherwise obstructs proceedings)
- Khieu Sampham, PTC, Decision on Appeal Against the Order on Translation Obligations of the Parties, A190/I/20 (20 Feb. 2009)(finding the appeal inadmissible, because the challenged Translation Order does not fall within any of the enumerated categories of appealable decisions established by Rule 74(3)(b))
- Khieu Samham, PTC, Decision on Co-Prosecutor’s Request to Determine the Appeal on the Basis of Written Submissions and Scheduling Order, C26/5/13 (6 Feb. 2009)(rejecting the Co-Prosecutor’s request and scheduling oral hearings)
- Khieu Sampham, PTC, Decision on the Co-Prosecutor’s Application for Extension of Time to File their Response to the Appeal Against Extension of Provisional Detention, C26/5/9 (8 Jan. 2009)(extending the filing deadline by 5 days)
- Khieu Samphan, PTC, Decision on Supplemental Application for Release (24 Dec 2008)(finding the application inadmissible)
- Khieu Samphan, PTC, Written Version of Oral Decision on Civil Party Application for Oral Submissions in Hearing on Appeal Against Translation Order (5 Dec 2008)(denying civil party request for oral submission at hearing, on the grounds of insufficient notice)
- Khieu Samphan, PTC, Rule 77(10) Report of Examination of Appeal Against Translation Order (3 Dec 2008)(reviewing issues presented by the appeal against translation order and the positions of the parties on those issues, pursuant to Internal Rule 77(10))
- Khieu Samphan, PTC, Decision on Request for a Public Hearing (4 Nov 2008)(allowing an oral hearing on Khieu Samphan's appeal against the decision refusing his request for translation of his case file)
- Khieu Samphan, PTC, Direction to the Defence Concerning the Appeal Against Provisional Detention Order (15 Aug. 2008) (Note: Giving the Defence 7 days to advise the PTC on the status of their appeal)
- Khieu Samphan, PTC, Decision on Application to Adjourn Hearing on Provisional Hearing Appeal (23 April 2008)(Note: Adjourning the hearing but warning the international co-lawyer for the defence pursuant to IR 38)
- Khieu Samphan, PTC, Report of Examination (22 April 2008)(Note: Describing the Co-Investigating Judges' Order of Provisional Detention, the submissions of the Prosecution and Defence, and relevant facts from the case file, in anticipation of the hearing of the appeal against provisional detention)
Trial Chamber
Pleadings
- Reclassification of Strictly Confidential Documents in Case File 002 (12 Jan 2012) (Listing some of the documents that will be reclassified as public)
- Reclassification of Additional Documents on the Case File (12 Jan 2012) (Stating that the Trial Chamber has reviewed the remaining strictly confidential documents in the Case File and determined that an additional 135 documents should be reclassified as confidential or public)
- [Corrected 1] Scheduling of Oral Hearing on Documents (16-19 January 2012) (11 Jan 2012) (Stating that the Trial Chamber shall devote 16-19 of January to in-court consideration of documentary issues)
- Objection to the Admissibility of the Other Parties' Remaining Document Lists For the First Four Segments of the First Trial (5 Jan 2012) (Stating that he challenges any assumption of admissibility in relation to documents submitted and that he intends to challenge any document whose content is not appropriately identified in court)
- Response to Co-Prosecutors' Request to Admit Two New Items Into Evidence (19 Dec 2011) (Objecting to the Co-Prosecutors' late request and moving that the items not be submitted into evidence on the ground that it does not meet the requisite legal criteria)
- Khieu Samphan, TC, Judicial Recess During Christmas and New Year Period (20 Dec 2011) (Advising the parties that it will take a recess from 26 Dec 2011 - 3 Jan 2011 and that it will not accept any documents for filing during that time)
- Khieu Samphan, TC, Translation Requests in Support of Nuon Chea Motion E142 and Ieng Sary Letter to the Trial Chamber Senior Legal Officer of 11 December 2011 (E142/1) (20 Dec 2011) (Advising it will only entertain allegations of inconsistency between audio recordings and written statements when the inconsistencies are identified with specific particularity and refer to discrepancies on the substance that could have a clear relevance to the ongoing trial and that translation requests should identify and be limited to the portions of the recordings and statements that are inconsistent)
- Khieu Samphan, TC, Next Group of Witnesses and Experts to be Heard in Case 002/01 (15 Dec 2011) (Outlining the order of the proceedings once the Trial Chamber resumes on 10 January 2012)
- Khieu Samphan, TC, Co-Prosecutors' Trial Management Request (14 Dec 2011) (Requesting the Trial Chamber to set down a tentative order of call for all remaining witnesses and civil parties in relation to the first segment of the first trial, to withdraw one expert and four witnesses primarily related to the Accused Ieng Thirith, and to allocate a week of hearings for the purpose of oral argument on the admissibility of documents for five days during 6 to 9 February 2012)
- Khieu Samphan, TC, Response to Issues Raised by Parties in Advance of Trial and Scheduling of Informal Meeting with Senior Legal Officer on 18 November 2011 (17 Nov 2011) (Addressing remaining issues that the parties felt required resolution before the hearing of the substance in Case 002).
- Khieu Samphan, TC, List of Defence Team Members (9 Dec 2011) (Giving an up-to-date list of all Defence Team Members)
- Khieu Samphan, TC, Notice of Change to Defence Team Members List (9 Dec 2011) (Alerting the court to changes in the Khieu Samphan Defence team).
- Khieu Samphan, TC, Co-Prosecutors' Disclosure of A Khieu Samphan Video Interview and Book Entitled 'Behind the Killing Fields: A Khmer Rouge Leader and One of His Victims' By Gina Chon and Thet Sembath (5 Dec 2011) (Requesting that the Trial Chamber admit the video interview and book into the Case File)
- Khieu Samphan, TC, Consolidated Response to Objections to Co-Prosecutors' Document List for First Trial Session (1 Dec 2011) (Arguing that the general objections put forward by the Defence are ill-founded and requesting the Trial Chamber to direct the Defence to re-file specific objections, if any, to the Co-Prosecutors' Document list and to admit documents which are not the subject of specific and reasoned objections)
- Khieu Samphan, TC, Notice of Variation of Order of Call of Civil Parties and Witnesses for First Trial Session (5-16 December 2011) and Further Information Related to Hearing of Evidence During this Session (E131/1.2) (2 Dec 2011) (Providing notice that the Trial chamber intends to change the order of witnesses to be called and to provide the parties with information regarding the hearing of the first Civil Parties and witnesses in Case 002/01)
- Khieu Samphan, TC, Co-Prosecutors' Request for Investigation into Witness Deaths (E144) (1 Dec 2011) (Directing WESU to conduct enquiries into the discrepancies in Death Certificates and interviews with trial witnesses and to determine whether these witnesses are in fact deceased)
- Khieu Samphan, TC, Notice of Trial Chamber's Disposition of Remaining Pre-Trial Motions (E20, E132, E134, E135, E124/8, E124/9, E124/10, E136 and E139) and Further Guidance to the Civil Party Lead Co-Lawyers (29 Nov 2011) (Stating the document E141 constitutes the final response to the above motions and that per Internal Rule 89ter the Trial Chamber has a discretionary trial management competence that is without right of appeal)
- Khieu Samphan, TC, Advance Notice of Assignment of Examination of Four Witnesses During First Trial Segment (5-16 December 2011) (28 Nov 2011) (Assigning to the Co-Prosecutors the examination of the four witnesses and stating that the examination shall be limited to the relevant facts)
- Khieu Samphan, TC, Provision of Prior Statements to Witnesses in Advance of Testimony at Trial (24 Nov 2011) (Providing guidelines regarding the scope and purpose of providing witnesses with the opportunity to review their prior statements in advance of their testimony)
- Khieu Samphan, TC, Advance Notice of Assignment of Examination of Three Civil Parties during First Trial Segment (5-16 December 2011) (23 Nov 2011) (Assigning the primary responsibility for the examination of the three Civil Parties to the Civil Party Lead Co-Lawyers)
- Khieu Samphan, TC, List of Defence Team Members (22 Nov 2011) (Listing the names of all Defence Team Members)
- Khieu Samphan, TC, Notice of Change to Defence Team Members List (22 Nov 2011) (Noting all recent changes to the Defence Teams)
- Khieu Samphan, TC, Response to Ieng Sary Defence Letter Requesting Courtesy Copies (21 Nov 2011) (Providing copies of the sources cited in the Trial Chamber's Decision on Co-Prosecutors' Request to Exclude Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity)
- Khieu Samphan, TC, Trial Chamber Response to Lead Co-Lawyers and Civil Party Lawyers' Request to Make a Brief Preliminary Remarks on Behalf of Civil Parties (E131/4) (15 Nov 2011) (Rejecting the request to make a brief preliminary remark on the views and concerns of the Civil Parties)
- Khieu Samphan, TC, Co-Prosecutors' Objections to Parties' Proposed Document Lists for First Three Weeks of Trial (14 Nov 2011) (Stating the Co-Prosecutors do not object to the proposed documents on the lists of Ieng Sary, Khieu Samphan, Ieng Thirith or the Civil Party and that they reserve their position with respect to proposed new documents included on any of the lists)
- Khieu Samphan, TC, Judicial Recess During the Water Festival Period (2 Nov 2011) (Informing the parties that the Trial Chamber will recess during the Water Festival and will not accept any documents for filing during that time)
- Khieu Samphan, TC, Notice of Change to Defence Team Members List (2 Nov 2011) (Listing the departure of some defence members and the arrival of others)
- Khieu Samphan, TC, List of Defence Team Members (2 Nov 2011) (Listing the defence team members for each of the accused in Case 002)
- Khieu Samphan, TC, Co-Prosecutors' Notification of Documents to Be Put Before the Chamber in Connection With Those Witnesses and Experts Who May Be Called During the First Three Weeks of Trial with Confidential Annex A (1 Nov 2011) (Notifying the Trial Chamber they will seek to admit documents identified in Annex A in connection with the parties called to testify in the first three weeks of trial)
- Khieu Samphan, TC, Civil Parties List of Documents Relevant to the Initial Trial Session (28 November- 16 December 2011) (28 Oct 2011) (Requesting that the Trial Chamber file a corrigendum listing the entirety of the documents filed for the first four segments and to admit all the annexes of E109/2)
- Khieu Samphan, TC, Civil Parties Request for a Trial Management Meeting and Regular Trial Status Meetings for Case 002 and for Clarification on Trial Scheduling and Preparation (28 Oct 2011) (Requesting the Trial Chamber schedule a Trial Management Meeting before Nov. 21st and that the chamber respond to any questions presented in the document before the commencement of trial)
- Khieu Samphan, TC, Co-Prosecutor's Request for a Trial Management Meeting and Regular Trial Status Meetings for Case 002 (21 Oct 2011) (Requesting that the Trial Chamber schedule a trial management meeting and weekly trial status meetings to allow for the parties to communicate regularly)
- Khieu Samphan, TC, Lead Co-Lawyers Urgent Request on the 19 October 2011 Hearing Following the Chambers' Memorandum E125 (7 Oct 2011) (Requesting the Trial Chamber postpone the 19 October 2011 hearing)
- Khieu Samphan, TC, International Co-Prosecutors' Disclosure to Trial Chamber Regarding Interviews of Case 002 Witnesses in Cases 003 and 004 with Strictly Confidential Annex A (6 Oct 2011) (Seeking direction from the Trial Chamber with regards to interviews conducted of Case 002 witnesses in the judicial investigations of Case 003 and Case 004)
- Khieu Samphan, TC, Co-Prosecutors' Request for Reconsideration of 'Severance Order Pursuant to Internal Rule 89ter (3 Oct 2011) (Requesting that the Trial Chamber revise its order and arguing that the current order needs to be reformulated in the interest of justice)
- Khieu Samphan, TC, Co-Prosecutors' Consolidated Reply to Defense Responses to Co-Prosecutors' Requests to Re-characterize Charges in the Indictment and to Exclude the Nexus Requirement for an Armed Conflict to Prove Crimes Against Humanity (11 Aug 2011) (Asking the Trial Chamber to grant their request and, in doing so, reject defense's argument that excluding the nexus requirement would violate the principle of legality)
- Khieu Samphan, TC, Co-Prosecutors' Reply to the Responses Regarding the Admission of Written Witness Statements Before the Trial Chamber (10 Aug 2011) (Responding to defense's opposition to the OCP's motion to allow the submission of written witness statements at trial)
- Khieu Samphan, TC, Co-Prosecutors' Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability (17 Jun 2011)
- Khieu Samphan, TC, Response to Co-Prosecutors' Submission on Statute of Limitations for National Crimes (17 Jun 2011) (Requesting the Trial Chamber to reject the submission)
- Khieu Samphan, TC, Co-Prosecutors' Request for the Trial Chamber to Recharacterize the Facts Establishing the Conduct of Rape as the Crime Against Humanity of Rape Rather than the Crime Against Humanity of Other Inhumane Acts (16 Jun 2011)
- Khieu Samphan, TC, Co-Prosecutors' Request for the Trial Chamber to Exclude the Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity (15 Jun 2011)
- Khieu Samphan, TC, Co-Prosecutors' Submission on Statute of Limitations for National Crimes (27 May 2011) (Requesting the Trial Chamber to dismiss all defense appeals related to the statute of limitations for national crimes)
- Khieu Samphan, TC, Response to Ieng Sary and Khieu Samphan on Legal Issues Initial Hearing (25 Apr 2011) (Requesting the Trial Chamber to take note of the Civil Parties' observations regarding arguments defense is likely to raise at the initial hearing)
- Khieu Samphan, TC, Co-Prosecutors' Notification of Legal Issues it Intends to Raise at the Initial Hearing (19 Apr 2011)
- Khieu Samphan, TC, Legal Issues Initial Hearing (19 Apr 2011) (Notifying the Trial Chamber of the legal issues defense will raise at the initial hearing)
- Khieu Samphan, TC, Uncontested Facts (23 Mar 2011) (Contesting all facts alleged in the Closing Order)
- Khieu Samphan, TC, Co-Prosecutors' Request for an Extension of Time and Page Limit to Respond to Preliminary Objections of the Accused (1 Mar 2011) (Requesting an extension of 20 pages and 14 days for filing a joint response to all preliminary objections of defense, citing a multitude of objections as their justification)
- Khieu Samphan, TC, Co-Prosecutors' Rule 80 Witness, Civil Party and Expert Summaries (23 Feb 2011)
- Khieu Samphan, TC, Co-Prosecutors’ Request for Clarification on Procedure for Response to Preliminary Objections (9 Feb 2011) (Requesting clarification on Rule 89(2) procedures)
- Khieu Samphan, TC, Khieu Samphan’s Motion in Support of Certain Points of Ieng Sary’s Motion of 19 January 2011 (7 Feb 2011) (Supporting Ieng Sary’s motion for half-day trial sessions and asking the Trial Chamber to recognize defense’s right to appear in person at their trial)
- Khieu Samphan, TC, Application for Release Pursuant to Rule 82(3) of the Internal Rules (18 Jan 2011) (Requesting release for failure to bring the Accused Person before the Chambers in under four months since the last decision to extend his pre-trial detention, in violation of Internal Rule 82)
Orders, Decisions, and Judgments
- Khieu Samphan, TC, Decision on Nuon Chea's Fitness to Stand Trial and Defense Motion for Additional Medical Expertise (15 Nov 2011) (Finding the Accused Nuon Chea is fit to stand trial and dismissing the Defence request for additional expertise)
- Khieu Samphan, TC, Decision on Co-Prosecutors' Request to Exclude Armed Conflict Nexus Requirement From the Definition of Crimes Against Humanity (26 Oct 2011) (Granting the Co-Prosecutor's request to exclude the armed conflict nexus requirement from the definition of crimes against humanity in Case 002)
- Khieu Samphan, TC, Scheduling Order for Opening Statements and Hearing on the Substance in Case 002 (18 Oct 2011) (Scheduling the commencement of opening statements in Case 002 for November 21, 2011 and scheduling the initial segment of the hearing of evidence from November 28-December 16, 2011)
- Khieu Samphan, TC, Decision on Co-Prosecutors' Request for Reconsideration of the Terms of the Trial Chamber's Severance Order (E124/2) and Related Motions and Annexes (18 Oct 2011) (Rejecting the Co-Prosecutors' request for reconsideration of its severance order)
- Khieu Samphan, TC, Scheduling Order for Hearings of 19 and 20 October 2011 (10 Oct 2011) (Scheduling a hearing on 19 October 2011 to allow the Civil Party Lead Co-Laywers to present their revised reparations specifications and scheduling an additional hearing on 19 October 2011 to permit questioning of the Psychiatric Experts concerning their conclusions regarding Accused Ieng Thirith's fitness to stand trial)
- Khieu Samphan, TC, Severance Order Pursuant to Internal Rule 89ter (22 Sept 2011) (Severing Case 002 into multiple trials defined by subject matter, with each trial focusing on distinct portions of the Indictment)
- Khieu Samphan, TC, Decision on the Applicability of Joint Criminal Enterprise (12 Sept 2011) (Finding JCE I and JCE II applicable forms of criminal liability under the ECCC's jurisdiction, but finding JCE III inapplicable because it was not part of customary international law between 1975 and 1979)
- Khieu Samphan, TC, Directions to Parties Concerning Preliminary Objections and Related Issues (5 Apr 2011)
- Khieu Samphan, TC, Trial Chamber Response to Motions E67, E57, E56, E58, E23, E59, E20, E33, E71 and E73 Following Trial Management Meeting of 5 April 2011 (8 Apr 2011)
- Khieu Samphan, TC, Order on Co-Prosecutors' and Civil Party Lead Co-Lawyers' Request for Extension of Time and Page Limits (4 Mar 2011) (Granting the request in part, allowing a consolidated response to preliminary objections of defense not exceeding 35 pages no later than 21 March 2011)
- Khieu Samphan, TC, Trial Chamber Memorandum on the Request Dated 6 January 2011 to the Pre-Trial Chamber by the Co-Lawyers for Nuon Chea Seeking a Resumption of Periodic Detention Interviews, Pursuant to Internal Rule 63(8) (2 Mar 2011) (Rejecting the request for lack of jurisdiction)
- Khieu Samphan, TC, Decision on the Urgent Applications for Immediate Release of Nuon Chea, Khieu Samphan and Ieng Thirith (16 Feb 2011) (Rejecting the applications)
- Khieu Samphan, TC, Directive on Access to the Detention Facility and the Case File by Members of Defense Teams (26 Jan 2011) (Clarifying procedures that allow defense teams to access the detention facility and case file)
- Khieu Samphan, TC, Consolidated Scheduling Order (27 Jan 2011) (Consolidating the hearings for all defense appeals of the Closing Order)
Supreme Court Chamber
Pleadings
- Khieu Samphan, SC, Amendment of Requirement to File Copies of Authorities (28 Oct 2011) (Exempting the parties in Case 002 from filing copies of authorities that are already in the public domain and easily accessible)
- Khieu Samphan, SC, Co-Prosecutors' Response to Khieu Samphan's Appeal Against the Decision on the Application for Immediate Release (28 Mar 2011) (Requesting the Supreme Court Chamber to reject the appeal)
Orders, Decisions, and Judgments
- Khieu Samphan, SC, Decision on Immediate Appeal by Khieu Samphan on Application for Release (6 Jun 2011) (Rejecting the appeal)
- Khieu Samphan, SC, Reply (11 Apr 2011) (Responding to the OCP's request before the Supreme Court Chamber to reject defense's appeal of the Trial Chamber's decision to deny defense's application for immediate release)
News
Agence France-Presse
February 3, 2012






