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Cornell International Law Journal

Keywords

Personal jurisdiction, Judicial process, Heads of state, Criminal liability (International law)

Abstract

In this article in the Symposium on Milosevic & Hussein on Trial, the author explores issues surrounding the development of accountability for violations of international humanitarian law for former heads of state & national leaders. Procedural issues faced in the creation of special courts, the functional responsibility of military & civilian superiors, & the development of immunity through previous trials are discussed. The trial issues that emerged from Milosevic's claim of illegality & self representation are discussed in terms of the expectations of the Hussein trial indictments & defense. The author asserts that both trials are in a midway stage, but expected problems could be mitigated with the help of international assistance. J. Harwell

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