نوع مقاله : علمی پژوهشی
1 دانشیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبایی
2 کارشناسی ارشد حقوق جزاوجرمشناسی دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبایی
عنوان مقاله [English]
The commission of crimes against humanity by Khmer Rouge, occurred from 17 April 1975 to 6 January 1979, based on the most accurate statistics, took nearly one million and seven hundred thousand victims of Cambodian people. This leads to the formation of a hybrid court that can be considered as an internationalized court. Formation of such a court with respect to legal basics, particularly international criminal law raises some issues. The study of the basics and challenges of extraordinary Cambodian Court requires studying its historical context. Giving historical and legal context, with regard to basics of international criminal law, the Court faces with challenges that face it to some questions with regard to expenditure high cost to formation the court. Furthermore, after nearly three decades of committing the crimes, the Court was set up and practically began to investigate and prosecute in 2007. Undoubtedly, one of the Guiding Principles of Criminal Procedure is trial in a reasonable time and without unnecessary delay. Otherwise, after a long time, proof of the crimes will be difficult. During the court proceedings, some of the main suspects died. With regard to this issue, the purpose of establishing this court ـthe trial of Khmer Rouge leadersـ are faced with major problems. Therefore, with regard to historical and legal context of establishing extraordinary Cambodian Court, we will examine its basics and challenges.