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 Saddam on Trial written by Gregory S. McNeal and published by . This book was released on 2008 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Saddam Hussein. Derided as the Butcher of Baghdad, the Iraqi leader was toppled from power by a U.S. military invasion in 2003, charged with the most serious crimes known to mankind, and then brought to justice before a novel war crimes court known as the Iraqi High Tribunal (IHT).From October 2005 through July 2006, Saddam and seven of his henchmen engaged in a legal battle of epic proportions, with their lives literally in the balance. The first of several planned trials before the Iraqi High Tribunal, this proceeding 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, assassination of defense counsel, the resignation of judges, scathing outburst by the defendants, allegations of mistreatment, hunger strikes, and even underwear appearances. Was it a mistake to try Saddam in Baghdad before a panel of Iraqi judges rather than before an international tribunal? Was the Iraqi High Tribunal 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?This book thus reproduces the best of the expert essays, and includes English translations of the most important documents related to the trial. It also includes a psychological profile of Saddam Hussein written by a former CIA profiler, a glossary of key legal terms, a timeline of the trial, a summary of the evidence and testimony, and recommendations for future trials. This book is written in a style intended to appeal to the general reader, as well as to law students, undergraduates, academics and journalists. At the same time, we hope policy makers and jurists will benefit from our critiques and recommendations related to the future of international war crimes trials.

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 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 Trying Saddam Hussein written by Irené Elena Suominen and published by . This book was released on 2005 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 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 Options for Trying Saddam Hussein for International Crimes written by and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While U.S. courts do not appear to have jurisdiction under U.S. law for most of the crimes alleged to have been committed by Saddam Hussein, several options are available for prosecuting him for crimes against humanity, genocide, and war crimes. Precedents include national courts and national and international military tribunals similar to those used in the aftermath of World War II, an international ad hoc tribunal similar to those set up by the U.N. to adjudicate atrocities in the former Yugoslavia and Rwanda, and "hybrid" tribunals -- which combine national and international elements. The Bush Administration supports prosecution by a special Iraqi court. Under the Geneva Conventions, if the United States were to turn Hussein over to the Iraqi interim government or another detaining power, it may remain responsible for assuring that the receiving power observe the safeguards in the Conventions.

Download or read book Restoring Justice written by Ruba Ali Al-Hassani and published by . This book was released on 2008 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Created as the consequence of a war of aggression against Iraq in 2003, the Iraqi High Tribunal (I.H.T. - formerly called the Iraqi Special Tribunal) is the focus of this thesis. By the time Saddam Hussein was purportedly captured on 13 December 2003, it was decided that he would be tried in a domestic court in Iraq. While there were other options to planning a tribunal in which to try Saddam Hussein and his aides, such as an international court, an internationalized tribunal, and a domestic court with significant international involvement, the U.S. administration and Coalition Provisional Authority (C.P.A.) preferred to establish a domestic Iraqi tribunal with no international interference, heavily influenced by only American experts and exiled Iraqis. Although the Iraqi Special Tribunal (I.S.T.) of December 2003 was an American creation, it had Iraqi players, and there was also strong and genuine Iraqi appetite for accountability of the crimes of the former regime. For primarily the latter reason, Iraqis cheered on the Dujail Trial. The current thesis briefly discusses the history of written, criminal Iraqi law leading up to the current post-war Iraqi legal system and the most recent trials against the former Ba'athist regime. It also examines the discourse around the establishment and procedures of the Iraqi Special Tribunal. While it has been argued that the Tribunal is a product of an imperialistic war of aggression, a disastrous attempt by the Bush administration to legalize the occupation, it has also been argued that the I.S.T./I.H.T. is a product of Iraqi appetite for justice, irrelevant of the war of aggression. I find it necessary to examine both sides of the debate regarding the Tribunal. I also intend to discuss in this thesis the relationship between the Dujail Trial and the state of affairs and security in Iraq. This thesis discusses both sides of the debate pertaining to the Iraqi Special Tribunal's establishment. The Tribunal, as a special court created by the U.S. and U.K., is part of a long history of imperialist intervention in Iraq. However, because of the choices made and the way the Tribunal developed, it was more of an object of Iraqi popular sentiment and an Iraqi call for justice.

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 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: The Al-Dujail case dealt with allegations that the former Iraqi President, Saddam Hussein, and his seven co-defendants responded to an assassination attempt on the President in the town of Dujail in 1982 by attacking the inhabitants with gunships and destroying the farmland, date palm groves and water supply. The defendants: Saddam Hussein, Taha Yassin Ramadan, Mohammed Azawi Ali, Mizhar Abdullah Ruwayyid, Ali Dayih Ali, and Abdallah Kazim Ruwayyid.

Download or read book Societal Reconciliation the Rule of Law and the Iraqi High Tribunal written by William H. Wiley and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-05-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Saddam Hussein Trial written by and published by International Courts Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This series by the International Courts Association presents landmark cases in international criminal law. Each volume contains the legal materials related to the presented case, as well as background information on the Tribunal/Court itself. Extensive bibliographic information is also included. This third volume in the series examines the court case of Sadam Hussein.

Download or read book The Trial of Saddam Hussein written by ʻAbd al-Ḥaqq ʻĀnī and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hussein's trial marked the first time since the UN was created that a head of state had been put on trial by an invading, occupying power. Dr. Al-Ani seeks to alert public attention to the threat this precedent poses to developing nations, and to its distortive influence on international law.

Download or read book Ghosts of Halabja written by Michael J. Kelly and published by Bloomsbury Publishing USA. This book was released on 2008-10-30 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Saddam Hussein's execution for his crimes against Iraq's Shia not only brought an end to his reign of oppression, but also to the justice that was to be served to the Iraqi Kurds. The unspeakable atrocities visited by Saddam upon the Kurds of Iraq are explored here, together with the trials of Saddam by the Iraqi High Tribunal. However, this work is more than a litigation history. It is also an exploration of the motivations behind and the depths of organized evil in the context of a single, brutal despot at the helm of an artificially created multi-ethno/religious state lying atop massive oil wealth. Saddam's background and the context of his rule explain much about his actions, but not all. He remained an unpredictable tyrant to the end of his reign. The Kurds have continually been subject to adversity since the end of World War I, when they were denied their own homeland, splitting them among three countries: Turkey, Iran, and Iraq. During Saddam's 24-year reign, the Kurds of Iraq were frequently under the knife of injustice. Between 1987 and 1989, Saddam unleashed genocide, razing over 2,000 villages and murdering at least 50,000 Kurds. As his dictatorship came to an end, the Kurds long-awaited opportunity to hold Saddam responsible for the atrocities against them seemed to have come, only to be sidetracked by the Iraqi High Tribunal, the Iraqi government, and the U.S. government. While the Shia rejoiced in their victory, the Kurds continued to be left behind. Saddam's death freed him of the charges against him by the Kurds. The world had turned its back on the Kurds in their age of genocide, and now appeared to turn a blind eye to the justice that was denied. The unspeakable atrocities visited by Saddam upon the Kurds of Iraq are explored here together with the trials of Saddam by the Iraqi High Tribunal—both the completed prosecution for the Dujail massacre against the Shites and the incomplete one for the Anfal Campaigns against the Kurds. However, this work is more than a litigation history. It is also an exploration of the motivations behind and the depths of organized evil in the context of a single, brutal despot at the helm of an artificially created multi-ethno/religious state lying atop massive oil wealth, but situated in the most dangerous part of the world. Saddam's background and the context of his rule explain much about his actions, but not all. He remained an unpredictable tyrant to the end of his reign.

Download or read book The Saddam Hussein Trial written by and published by International Courts Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This series by the International Courts Association presents landmark cases in international criminal law. Each volume contains the legal materials related to the presented case, as well as background information on the Tribunal/Court itself. Extensive bibliographic information is also included. This third volume in the series examines the court case of Sadam Hussein.

Download or read book Iraq Judging Dujail written by Nihal Bhuta and published by . This book was released on 2006 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iraqi High Tribunal (HT) has the daunting task of bringing to justice those responsible for grave human rights violations committed in Iraq under Ba'thist government. But at the same time, the court is a newly created institution in a recently-reconstituted legal system, in which lawyers and judges were isolated from developments in international criminal law and had no experience in investigating and trying complex international crimes. The capacity of the IHT to fairly and effectively prosecute international crimes has been questioned since its creation under the U.S.-led occupation.