The role of Standby Counsel will be to prepare and maintain the capacity to take over the defence of Khieu Samphan should the Trial Chamber determine it to be necessary. Standby Counsel would be independent of the current Defence Team, and they will not consult or take instructions from the Accused Khieu Samphan unless and until ordered to do so by the Trial Chamber. They are to attend all hearings in Case 002/02 and familiarize themselves with the Case File.

Should the Standby Counsel be ordered to replace the current counsel for Khieu Samphan, they would serve as Court Appointed Defence Counsel. Such Counsel are obliged to adhere to court orders and comply with the legal framework of the ECCC.