Legal Conclusions from Kamaruzzaman Judgment

We are pleased to present our fourth Special report on the third verdict issued by Tribunal 2.

Special Issue # 4: Legal Conclusions from Chief Prosecutor vs. Kamaruzzaman

This special report provides a detailed summary of the legal conclusions made by the International Crimes Tribunal in its fourth verdict, the Judgment of Chief Prosecutor vs. Kamaruzzaman. The verdict was issued on 9 May 2013. All seven Charges leveled against Kamaruzzaman alleged direct involvement in Crimes Against Humanity, or in the alternative, complicity in Crimes Against Humanity. The Tribunal found Kamaruzzaman guilty of complicity in Crimes Against Humanity for Charges 1, 2, 3, 4, and 7. He was acquitted of Charges 5 and 6.  This special report focuses on the legal conclusions within the Judgment, particularly on the Tribunal’s decisions concerning evidentiary standards, the definition and elements of complicity in Crimes Against Humanity, and the doctrine of Command Responsibility. For more information on the procedural history of the case and the factual findings of the Tribunal please refer to our initial report on the case, Special Issue #2: Kamaruzzaman Verdict. The legal conclusions expressed in this report are a summary and restatement of those found in the Tribunal’s verdict, for the benefit of those interested in following the work of the ICT.  The interpretations of law described herein do not necessarily reflect the institutional views of the Asian International Justice Initiative or its researchers.