Prosecutors at the Khmer Rouge tribunal have filed an appeal against the trial chamber’s refusal to consider Nuon Chea and Khieu Samphan’s responsibility for crimes that regime leaders did not directly order or oversee.
The prosecutors argue in the appeal, dated November 28, that the two defendants in Case 002/01 should have also been held accountable for crimes they “reasonably foresaw” would be committed.
In August, Nuon Chea, Pol Pot’s deputy, was found to be “directly responsible and responsible as a superior” for crimes against humanity, while Khieu Samphan, the regime’s head of state, was found to have been part of a joint criminal enterprise with other party leaders.
International deputy co-prosecutor William Smith said the Trial Chamber should have considered foreseeable crimes.
“Although both Accused were convicted, it was important to have this mode of liability recognized as it may impact future trials in relation to particular crimes such as rape which may not have been specifically instigated, ordered or planned but were foreseeable from an accused’s actions,” Mr. Smith said in an email.
Both defendants are appealing their life sentences.
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