A/HRC/7/42 page 17 rulers, by their caprice and unpredictability, and especially brute force. In the long run, the increasing inability of courts to settle disputes in a fair manner will produce problems of law and order, aggravate tensions and conflicts and the risk of violence and responses of public defiance that will be hard to manage. IV. EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA 74. In 2007, the Extraordinary Chambers in the Courts of Cambodia (ECCC), set up to deal with the proceedings against senior Khmer Rouge leaders and those most responsible for crimes and serious violations of Cambodian and international law, really began their work. Five senior leaders of the Khmer Rouge are in the custody of the ECCC, being investigated for prosecution. It is expected that trials will commence in mid-2008. 75. The principal justifications for the trials include that they would: (a) provide accountability to the millions of Cambodians for the crimes of the Khmer Rouge; (b) have a deterrent effect by demonstrating that there can be no impunity for violations of human rights; (c) enhance people’s understanding of justice and the rule of law; and (d) the jurisprudence and practices of the ECCC would be absorbed by the rest of the Cambodian system of justice. 76. There are various positive developments. The internal rules were agreed upon, albeit through very protracted negotiations which nearly brought the process to a premature end. It is well known that the international and Cambodian judges and prosecutors of the ECCC have been at loggerheads, although the Special Representative was assured by them that the two sides have developed good working relations. The public has taken a keen interest in the trials. And the participation of the community and victims has been secured through the procedure of Civil Party Action, which allows victims to seek collective and moral reparations. 77. There is much that Cambodian lawyers and judges - and indeed, others - can learn from the ECCC. The Special Representative welcomes the care with which the co-investigating judges in the case of the application of Kaing Guek Eav (see paragraphs 87-89 below) examined the law and legal precedents as well as the facts of the case (something that Cambodian courts do not often do). He noted with great satisfaction the mode and presentation of legal arguments, through careful drafting of charges, the submission of written briefs by the lawyers, and careful and detailed decisions of the prosecutors and judges. All made full reference to international and regional jurisprudence on human rights, with well researched notes on the due process provisions of international treaties. This is particularly welcome in the wake of the ruling of the Constitutional Council that international human rights treaties entrenched in the constitution are binding on Cambodian courts. A. Structure of decision-making within the Extraordinary Chambers in the Courts of Cambodia 78. Being part of the Cambodian court system with a special status, the staff of the Extraordinary Chambers in the Courts of Cambodia (ECCC) (including prosecutors and judges) are drawn from both Cambodia and the international community. All judges and prosecutors are appointed by SCM, the internationals from among nominees of the United Nations