International Law, article, Reconstruction, War Crimes, Criminal Justice, Iraq, Legal System, Evaluation, Crimes against humanity, Remedies, Courts of special jurisdiction, Transitional justice
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
Bassiouni, M. Cherif
"Post-Conflict Justice in Iraq: An Appraisal of the Iraq Special Tribunal,"
Cornell International Law Journal: Vol. 38
, Article 1.
Available at: https://scholarship.law.cornell.edu/cilj/vol38/iss2/1