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Cornell International Law Journal

Keywords

International Law, article, Reconstruction, War Crimes, Criminal Justice, Iraq, Legal System, Evaluation, Crimes against humanity, Remedies, Courts of special jurisdiction, Transitional justice

Abstract

Argues that post-conflict justice is desperately needed in Iraq. The desire of the Iraqi people for post-conflict justice against Saddam Hussein's regime has been overshadowed by the 2003 invasion by coalition forces, post-occupation internal violence, & Abu Ghraib torture by American forces. The goals of post-conflict justice include enhancing social reconciliation while avoiding individual acts of vengeance; restoring an independent judiciary; holding officials responsible for systematic repression; & prosecuting Saddam. The evolution of post-conflict justice proposals over the last decade is traced. It is acknowledged that the establishment of the Iraq Special Tribunal was an important first step on the path to post-conflict justice; however, its many flaws are pointed out, including the Tribunal's exceptional nature. Other issues discussed include appointing judges & prosecutors; determining the qualifications of judges; providing adequate compensation; defining the core crimes; & outlining matter of procedure & evidence. Suggestions are made for ways to improve the judiciarys capacity, sustain the rule of law, & enhance democracy so that genuine post-conflict justice can be realized in Iraq. Tables. J. Lindroth

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