International Laws in the Constitutional Council of Cambodia: A Brief Understanding and Analysis of the Decisions

Many scholars have discussed how international laws are applied in ordinary courts. However, very few documents and legal scholars in Cambodia have discussed how international laws are approached by the Constitutional Council. The Council is entrusted with the power to guarantee the respect for the Constitution. The decisions of the Constitutional Council shall be final without recourse and have the authority over all instituted powers as stated in the Constitution. However, as the 1993 Cambodian Constitution was established based on Annex 5 of the Paris Peace Agreement, in which “modern” values, including human rights and democracy, are incorporated, one should pay higher attention to the way the Constitutional Council treats or uses international laws and principles to understand whether or not Cambodia, legally speaking, abides by its international obligations. One of the reasons why the Council should be paid higher attention when it comes to guarantee the respects for the Constitution and international obligations is because the Council is entrusted with the power to interpret and make final decisions without recourse. For this reason, this article aims to delve into how the Constitutional Council approaches international laws and principles in its decision-making. This article is divided into five sections: A. Introduction, B. Background and Context, C. Cambodia’s International Obligations, D. International Laws in the Constitutional Council of Cambodia, and E. Conclusion.