It is an awkward formula made more questionable by the meager qualifications of the Cambodian judges, who are seen as poorly trained and subject to political manipulation.
He will face Cambodian and foreign judges at the special genocide tribunal.
Will they use Cambodian or foreign judges and prosecutors or a mixture of both?
In an awkward supermajority formula, Cambodian judges would dominate but would need the vote of at least one foreign judge for any decision.
Consideration of the complex law, which combines Cambodian and foreign judges, has been stalled since July.
Disputes between them would be resolved by a judicial panel comprising three Cambodian judges and two foreign judges.
Cambodian judges will have a say in the outcome of the trials as well as in procedural rulings.
The tribunal has an unusual framework for participation of both international and Cambodian judges and prosecutors.
Critics doubt the quality and independence of the 17 Cambodian judges and prosecutors, who are seen as poorly trained and subject to political manipulation.
Not only must a majority concur on any decision, but it must include both Cambodian and foreign judges.