Co-Prosecutors v Im (Chaem), Considerations on the International Co-Prosecutor's appeal of closing order (reasons), Case No 004/1/07-09-2009-ECCC/OCIJ (PTC50), ICL 1899 (ECCC 2018), 28th June 2018, Extraordinary Chambers in the Courts of Cambodia [ECCC]; Pre-Trial Chamber [ECCC]
Whether an indictment could encompass facts which had not been previously charged and what the ‘sufficient charges’ standard for issuing an indictment or dismissing the case entailed.
Whether review of the findings as to the likelihood of the charged person’s alleged criminal responsibility and the existence of the crimes, underlying the determination of lack of personal jurisdiction, fell within the Pre-Trial Chamber’s scope of review.
Whether the issuance of a closing order followed by written reasons was the correct approach in light of the relationship between the order on severance and a closing order.
Whether the Extraordinary Chambers in the Courts of Cambodia (‘ECCC’)’s applicable law stripped ordinary domestic courts of jurisdiction over the crimes not adjudicated by the ECCC.
Whether Co-Investigative Judges erred in law in requiring: (i) ex ante intent for the mens rea of extermination and (ii) proof of enquiry into the whereabouts of those forcibly disappeared for finding the crime against humanity of other inhumane acts by enforced disappearance.