Scholarship@Cornell Law: A Digital Repository

Article Title

Errors and Missteps: Key Lessons the Iraqi Special Tribunal Can Learn from the ICTY, ICTR, and SCSL

Authors

Michael P. Scharf
Ahran Kang

Keywords

Evaluation, Comparative analysis, Judicial process, International courts, Crimes against humanity

Abstract

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the Iraqi Special Tribunal (IST) can learn much from the successes & missteps of previous international criminal tribunals. Key lessons from the International Criminal Tribunal on the Former Yugoslavia (ICTY), The International Criminal Tribunal for Rwanda (ICTR), & the Special Court for Sierra Leone (SCSL) are comparatively discussed with statutes of the IST regarding issues of credibility, building prosecutorial strategy, challenges to legitimacy, limitations to the right of self representation, television presence, the role of observers, the Quoque defense, protection of court witnesses, judicial notice, & plea bargaining. The IST is acknowledged as a judicial legacy in the making that will offer future international war criminal tribunals lessons learned, & will make a significant contribution to the development of international humanitarian law. J. Harwell

Recommended Citation

Scharf, Michael P. and Kang, Ahran (2005) "Errors and Missteps: Key Lessons the Iraqi Special Tribunal Can Learn from the ICTY, ICTR, and SCSL," Cornell International Law Journal: Vol. 38: No. 3, Article 12.
Available at: https://scholarship.law.cornell.edu/cilj/vol38/iss3/12