Monday, September 19, 2011

Implementation of the Rome Statute in Cambodian Law

This week, we don’t have any significant legal analysis. Today our group quoted article from other source for you to study. The below article is so important for you to read it: 

The Kingdom of Cambodia signed the Rome Statute of the International Criminal Court (ICC) on 23
October 2000. It then ratified the Statute on 7 January 2002 and deposited its instrument of ratification
with the Secretary-General of the United Nations on 11 April 2002. In accordance with Article 126,
the Rome Statute came into force on 1 July 2002, from which date the Kingdom of Cambodia is bound
to execute its obligations under the Statute in good faith. However, on 27 June 2003, the Royal
Government also concluded a bi-lateral agreement with the U.S. Government excluding the Court’s
jurisdiction over United States and Cambodian nationals.

Chapter I –  Ratification of the Rome Statute of the International

Criminal Court

After Cambodia’s signature of the Rome Statute,  civil society, being fully conscious that the
establishment of a permanent international criminal court was a decisive issue, took up the subject
with a view to accelerating the ratification process.

On 30 and 31 May 2001, the Cambodian Association for Human Rights and Development (ADHOC)
organized a workshop in cooperation with the International Coalition for the International Criminal
Court (CICC) and with support from the government.  Legal experts, attorneys, officials from the
Ministry of Justice, members of the governmental Human Rights Commission, members of the
government and lawmakers representing all major political parties (PPC, FUNCINPEC and SRP) all
participated in this event.

Following the workshop, the Cambodian Prime Minister received a delegation of international experts
headed by Messrs Thun Saray, President of ADHOC, and Somchai Homlaor, Secretary-General of
Forum Asia (the Asian forum for Human Rights).  During the meeting, the delegation presented its
recommendations to the head of government, who stated that a draft law for ratification of the Rome
Statute would rapidly be submitted to the National Assembly.

On 26 November 2001, the Assembly examined the draft ratification law and, the following day, the
law was adopted unanimously by the lawmakers. Finally, Mr Chea Sim, interim Head of State during
the absence of the King in Peking, promulgated the law on 7 January 2002.

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