By James O'Toole
The Phnom Penh Post
JUDGES at the Khmer Rouge tribunal on Thursday partially granted an appeal by defence teams against the use of Joint Criminal Enterprise (JCE), a controversial kind of criminal liability that could aid the prosecution at trial.
In a decision dated Thursday, the court’s Pre-Trial Chamber ruled on the use of the three forms of JCE in Case 002, upholding the use of types I and II but rejecting the third and most far-reaching.
Though Pre-Trial Chamber decisions cannot be appealed, the issue may be raised again before the Trial Chamber. Case 002 is expected to go before the Trial Chamber in early 2011.
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