Download or read book Building the Iraqi Special Tribunal written by Laurel Miller and published by . This book was released on 2004 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Building the Iraqi Special Tribunal Lessons from Experiences in International Criminal Justice written by Laurel Miller and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Building the Iraqi Special Tribunal written by and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Building the Iraqi Special Tribunal written by Laurel Miller and published by . This book was released on 2004 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Building the Iraq Special Tribunal written by Laurel Miller and published by . This book was released on 2004 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enemy of the State written by Prof. Michael A. Newton and published by St. Martin's Press. This book was released on 2008-09-16 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: At 12:21 p.m., on October 19, 2005, Saddam Hussein was escorted into the Courtroom of the Iraqi High Tribunal in Baghdad for one of the most important and chaotic trials in history. For a year, two American law professors had led an elite team of experts who prepared the judges and prosecutors for "the mother of all trials." Michael Scharf, a former State Department official who helped create the Yugoslavia Tribunal in 1993, and Michael Newton, then a professor at West Point, would confront such issues as whether the death penalty should apply, how to run a fair trial when political and military passions run so high, and which of Saddam's many crimes should be prosecuted. Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.
Download or read book Peace Building in Iraq and the Special Tribunal written by Paul Rabbat and published by . This book was released on 2004 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Trial of Saddam Hussein written by Dr. Abdul-Haq Al-Ani and published by SCB Distributors. This book was released on 2010-04-20 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trial of Saddam Hussein marks the first time since the UN was created that a head of state has been put on trial by an invading, occupying power. This book, by the UK coordinator of Saddam Hussein's defense team, seeks to alert public attention to the threat this precedent poses to developing nations worldwide, and to its distortive influence on the further development of international law. Al-Ani documents the trail of illegalities marking the destruction of Iraq at the hands of the US and UK, from the genocidal sanctions of the 1990s, the US State Department pre-invasion planning that commenced in 2001, and the 2003 invasion, to the setting up and proceedings of the Tribunal that swiftly dispatched Saddam Hussein. While the Tribunal was intended to promote the image of a triumphant Iraqi democracy, the US was actually in control of all stages of the trial. It drafted the Tribunal's Statute, decided where the trial would be held, and what charges would be brought; researched, compiled, stored, and prevented access to evidence and documentation; elected and trained the judges, and micro-managed the proceedings. Al-Ani follows the trial step by step, detailing its many failures and US micro-management: * Important documents were not given to defense lawyers in advance * no written transcript of the trial was kept * paperwork was lost * The defense was prevented from cross-examining witnesses * judges and numerous witnesses participated incognito, * defense lawyers were intimidated, three were assassinated * defense witnesses were frightened to come forward * defense lawyers could not communicate with their client or review the evidence The trial itself was so farcical as to provoke international condemnation. International human rights groups, including Amnesty International and Human Rights Watch, as well as UN bodies such as the Working Group on Arbitrary Detention and the High Commissioner for Human Rights, have stated that the Iraqi Special Tribunal and its
Download or read book Before the Law written by Russell Miller and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On July 1, 2004, Saddam Hussein made his first appearance before the Iraqi Special Tribunal for Crimes Against Humanity (IST). That extraordinary moment was a brief scene in a still unfolding drama that, thus far, has included such epic moments as the American-led invasion of Iraq in the spring of 2003 and Saddam Hussein's improbable capture by Coalition forces in December of that year. The toppled dictator's full-fledged trial is still to come. With the IST, created by a statute of the now disbanded Iraqi Governing Council, the world finally has the vehicle with which it can bring Saddam Hussein to justice. Holding Saddam Hussein and other major figures from the repressive Baath Party and Iraqi Armed Forces accountable for their crimes will be a necessary, but not sufficient, part of fashioning a new, democratic Iraq. In meting out accountability for atrocities, the Tribunal will play a fundamental role in mending a society that straddles a number of ethnoreligious fault lines and has just emerged from the darkness of Saddam Hussein's decades-long reign of brutality, terror, and murder. If, however, the IST comes to be viewed as nothing more than a thinly veiled instrument of 'victors' justice' "imposed by the American occupiers, it might actually undermine reconciliatory efforts in Iraq. The IST's legitimacy, and ultimately its efficacy, requires that it live up to its ambitions for independence, autonomy, fairness, and justice." In this article I argue that the IST is flawed and does not adequately project the necessary autonomy and fairness. I pursue a narrow critique, nonetheless justified by the fact that the IST, along with so many other facets of the American-led occupation and reconstruction effort, does not begin from a position of great strength and trust. I argue that the IST's Statute, and early drafts of its Rules of Procedure and Evidence, suffer, in particular, because they fail to adequately account for the fact that some portion of the evidence that will eventually be presented to the IST will have been gathered and developed by Coalition military forces. This circumstance gives rise to at least two significant concerns, both of which have the potential to harm the IST's standing in post-war Iraq. First, still engaging the enemy, albeit now in the effort to combat the raging insurgency, Coalition forces are deeply interested in gathering intelligence for the purposes of advancing their immediate combat mission as well as the broader 'war on terror.' The documented abuses perpetrated by U.S. and British soldiers in the course of interrogations, most infamously at Baghdad's Abu Ghraib prison, confirm that Coalition soldiers are not operating in the service of an independent judicial organ charged with developing and corroborating investigative hypotheses while also ensuring the protection of the rights of their captives." Second, even if it were possible to characterize the investigative efforts of Coalition forces as disinterested, and even if Abu Ghraib is found to be a tragic departure from the respect Coalition forces otherwise generally show for the laws of war applicable to conducting criminal investigations, these rules of engagement nonetheless fall well short of the widely accepted human rights protections applicable to criminal investigations. The IST's Statute and Rules have sought to purchase the legitimacy the IST desperately needs through the application of protections provided by international human rights law and pre-existing Iraqi rules of criminal procedure to the Tribunal's investigative capacities. At the same time, the Statute and the Rules undermine the IST's legitimacy by failing to qualify the role played by evidence collected by Coalition forces operating under the higher normative threshold established by the laws of war. Whatever rules might apply after the IST begins its investigations, the IST's Statute and Rules say nothing of the use to which the Tribunal might put the evidence gathered by Coalition military forces and delivered to it on a 'silver platter,' in spite of the fact that those military forces are operating in a distinct normative context before the applicability of the protections provided by the IST's Statute and Rules. My critique is grounded in two concerns. The first is a pragmatic concern for the legitimacy, and ultimately the success of the Iraqi Special Tribunal. The IST must contribute to the reconciliation of a deeply fractured Iraq and it will be one of many reconstruction institutions that contribute to the rooting of democratic ideals, particularly the values of an independent judiciary and the rule of law, in the new Iraq. The second is a normative concern. As a matter of legal obligation, the United States and Iraq must uphold the rights and rules of criminal procedure defined by international law, with which I contrast the laws of war applicable to the gathering of evidence during combat. In Section I, I will briefly discuss the role played by military forces in the investigation of alleged war crimes and crimes against humanity - crimes like those that will be the focus of the IST's work. In Section I, I will highlight the perilous conflict of norms potentially besetting the IST by focusing on just one right, namely the nature and scope of the right to counsel afforded to suspects during interrogations. I will contrast the rules applicable under the laws of war with the protections provided by international human rights law. From among the other rights that easily could have served as the basis for my critique, the right to counsel during interrogations is of particular consequence, especially in light of the abuses perpetrated during interrogations at Baghdad's Abu Ghraib prison and with a view to the year-long detention and interrogation of Saddam Hussein. In neither case did the subjects of Coalition military interrogations benefit from the assistance of counsel. I conclude, in Section III, by arguing that, for the pragmatic and normative reasons identified above, the IST's Statute and Rules should have explicitly provided a mechanism for the potential exclusion of evidence gathered by Coalition military forces.
Download or read book Saddam on Trial written by Michael P. Scharf and published by . This book was released on 2006 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Saddam Hussein. Derided as "the Butcher of Baghdad," he was charged with the most serious crimes known to mankind. On October 19, 2005, the ruthless Iraqi leader and seven of his henchmen began a legal battle of epic proportions, with their lives literally in the balance. The first of several planned trials before the Iraqi High Tribunal focused on the destruction of the town of Dujail and the torture and murder of its inhabitants in retaliation for a 1982 failed assassination attempt. Billed by the international media as "the real trial of the century," the televised proceedings were punctuated by gripping testimony of atrocities, controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment, hunger strikes, and even underwear appearances. Was it a mistake to try Saddam in Baghdad before a panel of Iraqi judges? Was the Iraqi High Tribunal a legitimate judicial institution? Were the proceedings fundamentally fair? Did the judges react properly to the defendants' attempts to derail the proceedings? Did the Prosecution prove its case? Did Saddam have any valid defenses? What precedents did this extraordinary trial set? Saddam on Trial: Understanding and Debating the Iraqi High Tribunal provides the reader with a thorough understanding of these and a host of other issues related to the Saddam Trial. The text offers a series of essays, in which leading international and criminal law experts discuss and debate more than thirty discrete questions raised by the trial. The book also includes a psychological profile of Saddam Hussein, a chronology of events related to the charges, a glossary of key legal terms, a synopsis of the charges and applicable law, a summary of the evidence and testimony, an analysis of the judgment, and English translations of the Tribunal's Statute, Rules, and other relevant instruments. Saddam on Trial is designed for law students, undergraduates, academics, journalists, and general readers. The book will be useful as a supplement for any law school course on International Law, International Criminal Law, International Humanitarian Law, or National Security Law. It is also suitable for undergraduate Foreign Relations, Public Policy, or Criminal Justice courses. An accompanying Teacher's Guide contains suggested questions and answers, debates, simulations, and role play exercises designed to facilitate use of the book as a teaching tool. "The expertise of the authors and the contributors (all specialists in the rarified world of international criminal tribunals and the broader fields of international human rights) ensured that the essays are uniformly well written, focused on important topics, and interesting." -- Law & Politics Book Review
Download or read book Iraq written by Amnesty International and published by . This book was released on 2005 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trying Saddam Hussein in the Iraqi Special Tribunal written by Seshani Bala and published by . This book was released on 2005 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Iraqi Special Tribunal written by and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book For the Love of Humanity written by Ayça Çubukçu and published by University of Pennsylvania Press. This book was released on 2018-08-14 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: On February 15, 2003, millions of people around the world demonstrated against the war that the United States, the United Kingdom, and their allies were planning to wage in Iraq. Despite this being the largest protest in the history of humankind, the war on Iraq began the next month. That year, the World Tribunal on Iraq (WTI) emerged from the global antiwar movement that had mobilized against the invasion and subsequent occupation. Like the earlier tribunal on Vietnam convened by Bertrand Russell and Jean-Paul Sartre, the WTI sought to document—and provide grounds for adjudicating—war crimes committed by the United States, the United Kingdom, and their allied forces during the Iraq war. For the Love of Humanity builds on two years of transnational fieldwork within the decentralized network of antiwar activists who constituted the WTI in some twenty cities around the world. Ayça Çubukçu illuminates the tribunal up close, both as an ethnographer and a sympathetic participant. In the process, she situates debates among WTI activists—a group encompassing scholars, lawyers, students, translators, writers, teachers, and more—alongside key jurists, theorists, and critics of global democracy. WTI activists confronted many dilemmas as they conducted their political arguments and actions, often facing interpretations of human rights and international law that, unlike their own, were not grounded in anti-imperialism. Çubukçu approaches this conflict by broadening her lens, incorporating insights into how Amnesty International, Human Rights Watch, and the Iraqi High Tribunal grappled with the realities of Iraq's occupation. Through critical analysis of the global debate surrounding one of the early twenty-first century's most significant world events, For the Love of Humanity addresses the challenges of forging global solidarity against imperialism and makes a case for reevaluating the relationships between law and violence, empire and human rights, and cosmopolitan authority and political autonomy.
Download or read book The Iraqi Special Tribunal for Crimes Against Humanity written by Ellen van Heugten and published by International Courts Assoc. This book was released on 2011 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: On December 10, 2003, the US-appointed Iraqi Governing Council approved a statute establishing the Iraqi Special Tribunal for Crimes against Humanity. Following the Iraqi Transitional National Assembly election, the Iraqi Transitional Government was established in May 2005. In August of that year, the Iraqi Transitional National Assembly adopted a new Statute of the Iraqi Special Tribunal, which changed its name to Higher Criminal Court and brought its practices more into line with the rest of the Iraqi judicial system. The Iraqi Special Tribunal is designed to prosecute those accused of crimes against humanity, war crimes, and genocide in Iraq from July 1968, when Saddam Hussein's Bath Party seized power, to May 2003, when President Bush declared that major combat operations in Iraq were over. The court also has the authority to try several lesser crimes, including the squandering of public funds and attempts to manipulate the judiciary. Arrests of people suspected of committing gross human rights violations in Iraq have been carried out since the start of occupation and have continued following the transfer of power. This book illustrates the work of the Tribunal and presents the cases brought before the court.
Download or read book America s Role in Nation Building written by James Dobbins and published by Rand Corporation. This book was released on 2003-08-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-World War II occupations of Germany and Japan set standards for postconflict nation-building that have not since been matched. Only in recent years has the United States has felt the need to participate in similar transformations, but it is now facing one of the most challenging prospects since the 1940s: Iraq. The authors review seven case studies--Germany, Japan, Somalia, Haiti, Bosnia, Kosovo, and Afghanistan--and seek lessons about what worked well and what did not. Then, they examine the Iraq situation in light of these lessons. Success in Iraq will require an extensive commitment of financial, military, and political resources for a long time. The United States cannot afford to contemplate early exit strategies and cannot afford to leave the job half completed.
Download or read book Facets and Practices of State Building written by Julia Raue and published by Martinus Nijhoff Publishers. This book was released on 2009 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a mix of international academic and field expert work, this book presents and analyses contemporary state-building efforts. It offers studies on the theoretical and practical foundations and causes of state-building, identifies the role and responsibilities of key actors and points to vital issues which merit specific attention in state-building undertakings. The book offers lessons for the future of state-building relevant to both practitioners and the academic community.
