Annotated Leading Cases of International Criminal Tribunals - volume 44

Steven Freeland is Emeritus Professor of International Law at Western Sydney University, where he was previously Dean of the School of Law, and Professorial Fellow at Bond University. He also holds Visiting or Adjunct positions at various other Universities/Institutes in Copenhagen, Vienna, Toulouse, Hong Kong, Montreal, Kuala Lumpur and London. Prior to becoming an academic, he had a 20-year career as an international commercial lawyer and an investment banker. He is a Member of the Advisory Group of the Australian Space Agency and has been an advisor to the Australian, New Zealand, Norwegian and several other Governments on issues relating to national space legislative frameworks and policy. He has represented the Australian Government at the Committee on the Peaceful Uses of Outer Space (UNCOPUOS) and has also been appointed by UNCOPUOS to co-chair multilateral discussions on the exploration, exploitation and utilisation of space resources. He has also been a Visiting Professional within the Appeals Chamber at the International Criminal Court, and a Special Advisor to the Danish Foreign Ministry in matters related to the International Criminal Court. He is a Co-Principal of specialised space law firm Azimuth Advisory and also a Director of the International Institute of Space Law, and a Member of the Space Law Committee of the International Law Association and of the Space Law and War Crimes Committees of the International Bar Association. In addition to co-Editing the Annotated Leading Cases of International Criminal Tribunals book series, he also sits on the Editorial Board / Advisory Board of a number of internationally recognised academic journals

• Preface 1. Issues Relating to Civil PartiesOrder on the Admissibility of Civil Party Applicants from Current Residents of Kep Province, Prosecutor v. Nuon Chea, Khieu Samphan, Kaing Guek Eav, Ieng Sary, Ieng Thirith, Case No.002/19-09-2007-ECCC-OCIJ, Office of the Co-Investigating Judges, 25 August 2010 Decision on Characterisation of Group 1 - Civil Party Co-Lawyers' Immediate Appeal of Civil Party Status Determinations in the Trial Judgment, Prosecutor v. Kaing Guek Eav, Case No. 001/18-07-2007/ECCC/SC, S. C. Ch., 30 September 2010 Commentary Michail Vagias 2. Issues Relating to Procedural Rights of AccusedDecision on Ieng Thirith's Appeal against the Co-Investigating Judges Order Rejecting the Request for Stay of Proceedings on the basis of Abuse of Process (D264/1), Prosecutor v. Ieng Thirith, CaseNo. 002/19-09-2007-ECCC/OCIJ (PTC 42), P. T. Ch., 10 August 2010 Second Decision on Nuon Chea's and Ieng Sary's Appeal against the OCIJ Order on Requests to Summon Witnesses, Prosecutor v. Nuon Chea and Ieng Sary, Case No. 002/19-09-2007-ECC/OCIJ(PTC 50), P.T. Ch., 9 September 2010 Opinion of Judges Catherine Marchi-Uhel and Rowan Downing Opinion of Judges Prak Kimsan, Ney Thol and Huot Vuthy Decision on Ieng Sary's Request to the Pre-Trial Chamber to Forbid the Trial Chamber from Accessing the Case File until it is Seized with the Case, Prosecutor v. Ieng Sary, Case No. 002/01-10-2010-ECCC/PTC (11), P.T. Ch., 16 November 2010 Response to "Co-Laywers for Civil Party's Motion on Confidentiality, Equality and Fairness filed with the Office of the Co-Investigating Judges of 18 August 2010" and "Appeal Against the Responseof the Co-Investigating Judges on the Motion on Confidentiality, Equality and Fairness of 12 October 2010", Office of Administration, 30 November 2010 Decision on Ieng Sary's Appeal against the Co-Investigating Judges' Decision Refusing to Accept the Filing of Ieng Sary's Response to the Co-Prosecutors' Rule 66 Final Submission and AdditionalObservations, and Request for Stay of Proceedings, Prosecutor v. Ieng Sary, Case No. 002/19-09-2007-ECCC/OCIJ (PTC 71), P.T. Ch., 20 September 2010 Decision on Ieng Sary's Appeal against the Co-Investigating Judges' Order on Request for Additional Expert, Prosecutor v. Ieng Sary, Case No. 002/19-09-2007-ECCC/OCIJ (PTC 28), P.T. Ch.,14 December 2009 Decision on Request for Translation of all Documents used in Support of the Closing Order, Prosecutor v. Kheu Samphan, Case No. 002/19-09-2007-ECCC/PTC (16), P.T. Ch., 15 December 2010 Decision on Ieng Sary's Appeal against the Co-Investigating Judges' Constructive Denial of Ieng Sary's Third request for Investigative Action, Prosecutor v. Ieng Sary, Case No. 002/19-09-2007-ECCC/OCIJ (PTC 29), P.T. Ch., 22 December 2009 Decision Granting Leave to the Co-Lawyers for the Accused to Reply to the Response of the Co-Prosecutors, Prosecutor v. Kaing Guek Eav, Case No. 001/18-07-2007/ECCC/SC, S. C. Ch.,22 December 2010 Decision on Urgent Request to Order Resumption of Detention Interviews, Prosecutor v. Nuon Chea, Case No. 002/06-01-2011-ECCC/PTC (17), P.T. Ch., 19 January 2011 Commentary Jane Munro 3. Decision Relating to Amicus BriefDecision on DSS Request to Submit an Amicus Curiae Brief to the Supreme Court Chamber, Prosecutor v. Kaing Guek Eav, Case No. 001/18-07-2007/ECCC/SC, S. C. Ch., 9 December 2010 Decision on DSS Request to the Supreme Court Chamber to Invite Amicus Curiae Briefs from Independent Third Parties, Prosecutor v. Kaing Guek Eav, Case No. 001/18-07-2007/ECCC/SC, S. C.Ch., 3 March 2011 Commentary Michael Merrigan 4. Decisions Relating to Requests for Disqualifi cation of JudgesDecision on Ieng Sary's Application to Disqualify Judge Nil Nonn and Related Requests, Prosecutor v. Ieng Sary, Case No. 002/19-09-2007-ECCC/TC, T. Ch., 28 January 2011 Decision on Ieng Thirith, Nuon Chea and Ieng Sary's Applications for Disqualification of Judges Nil Nonn, Silvia Cartwright, Ya Sokhan, Jean-Marc Lavergne and Thou Mony, Prosecutor v. Nuon Chea, Ieng Sary, Ieng Thirith, Khieu Samphan, Case No. 002/19-09-2007-ECCC/TC, T. Ch.,23 March 2011 Commentary Susan Forder 5. Decisions Relating to Alleged Abuse of Process / Stay of Proceedings Decision on Khieu Samphan's Interlocutory Application for an Immediate and Final Stay of Proceedings for Abuse of Process, Prosecutor v. Khieu Samphan, Case No. 002/21-10-2010-ECCCPTC(15), P.T. Ch., 12 January 2011 Decision on the Urgent Applications for Immediate Release of Nuon Chea, Khieu Samphan and Ieng Thirith, Prosecutor v. Nuon Chea, Ieng Sary, Ieng Thirith, Khieu Samphan, Case No. 002/19-09-2007-ECCC/TC, T. Ch., 16 February 2011 Commentary Sunethra Gunasekara 6. Closing OrderClosing Order, Prosecutor v. Nuon Chea, Khieu Samphan, and Ieng Thirith, Case No. 002/19-09-2007-ECCC/OCIJ, Offi ce of the Co-Investigating Judges, 15 September 2010 Commentary Sarah Williams 7. Appeal Against Closing OrderDecision on Khieu Samphan's Appeal against the Closing Order, Prosecutor v. Khieu Samphan, Case No. 002/19-09-2007-ECCC-PTC/OCIJ (PTC 104), P.T. Ch., 21 January 2011 Decision on Ieng Sary's Appeal against the Closing Orders' Extension of his Provisional Detention, Prosecutor v. Ieng Sary, Case No. 002/19-09-2007-ECCC/OCIJ (PTC 152), P.T. Ch., 21 January2011 Decision on Appeals by Nuon Chea and Ieng Thirith against the Closing Order, Prosecutor v. Ieng Sary, Ieng Thirith, Nuon Chea, Khieu Samphan, Case No. 002/19-09-2007-ECCC/OCIJ (PTC 145and 146), P. T. Ch., 15 February 2011 Commentary Christophe Deprez Index Contributors and Editors