Articles

This section will contain articles and commentary by H.E. Vanrath on law, prosecution, governance, trust, cross-border crime, justice cooperation, riding discipline, and leadership.

Journal Publication — PIARD Law Monograph (Full Citation & PDF Section)

Author: Phann Vanrath
Publication: PIARD Journal – Law Monograph, Number 4, July 2025
Publisher: Paññāsāstra Institute of Academic Research and Development (PIARD)
Pages: 25–58
ISSN / ISBN: 978-9924-9277-2-3
Type: Peer-reviewed academic journal article
Status: Published

Abstract

This article examines the constitutional and jurisdictional challenges in prosecuting cross-border crimes involving Cambodian nationals, with focus on Cambodia’s constitutional prohibition on extraditing citizens. Using a high-profile Bangkok case as a doctrinal and comparative study, the article analyzes Cambodian, Thai, and French jurisdiction based on territoriality, active personality, and passive personality principles. It argues that while extradition is constitutionally restricted, Cambodia can still ensure justice through domestic prosecution, mutual legal assistance, and cooperative enforcement mechanisms—ensuring that “no extradition” does not mean “impunity.”

Full Citation (Bluebook)

Phann Vanrath, No Extradition, No Impunity: Cambodian Constitutional Constraints and Cross-Border Criminal Accountability, PIARD Journal – Law Monograph, No. 4, pp. 25–58 (July 2025).

Book Chapter — Introduction to Cambodian Law (2012)

Author: PHANN Vanrath
Book: Introduction to Cambodian Law
Editors: Hor Peng, Kong Phallack, Jörg Menzel
Publisher: Konrad-Adenauer-Stiftung (KAS), Phnom Penh, 2012
Pages: 197–225
ISBN: 978-99950-982-1-6
Type: Scholarly book chapter
Status: Published

Abstract

This chapter provides a comprehensive overview of Cambodia’s substantive criminal law within the modern legal framework. It traces the historical evolution of Cambodian criminal law from customary practices to French-influenced codification and into Cambodia’s contemporary hybrid system, shaped by civil law and elements of common law.
The chapter explains the structure, purpose, and guiding principles of the Criminal Code, the classification of offences, the interpretation of criminal norms, and the legal foundations of criminal liability. It serves as a foundational reference for legal scholars, practitioners, and students seeking to understand the core concepts governing criminal conduct and sanctions in Cambodia.

Full Citation (Bluebook)

PHANN Vanrath, The Basics of Substantial Cambodian Criminal Law, in Introduction to Cambodian Law 197–225 (Hor Peng, Kong Phallack & Jörg Menzel eds., Konrad-Adenauer-Stiftung 2012).