Cornell International Law Journal


International Law, article, Criminal Justice, Political Development, Evaluation, Right to counsel, Human rights, Rule of law, Criminal liability (International law), Courts of special jurisdiction


In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, & accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 & 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, & the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural rights for the accused, & the human rights infrastructure. The author concludes that the Iraqi people's aspiration for justice will generate societal stability & build a rule of law for themselves through the IST as a tangible demonstration of fundamental fairness & the rich jurisprudential roots of the tribunal. J. Harwell

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