The Future of Cases 003/004 at the Extraordinary Chambers in the Courts of Cambodia: October 2012

This report examines recent developments in two cases—known as Cases 003 and 004— before the Extraordinary Chambers in the Courts of Cambodia (ECCC). The two cases have been before the ECCC’s co-investigating judges since September 2009, and have become the centerpieces of an ongoing dispute over the ECCC’s independent authority to determine whom to indict and prosecute.

As a new international co-investigating judge, Mark Harmon (from the United States), takes office, this report examines the main issues in Cases 003 and 004 and explores possible ways forward for the court.

This report first looks at significant recent events related to those cases, and then outlines the reasons why certain proposed solutions to the Case 003 and 004 dilemma—including transferring the cases to a wholly Cambodian jurisdiction—should not be pursued. It argues that the ECCC must continue its work on the two cases, rather than look for ways to shirk its responsibility.