Cornell International Law Journal


Alfred P. Rubin


International Law, Genocide, article, Criminal Justice, Fair trial, International offenses


In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses the difficulties of trying Saddam in the International Court of Justice (ICJ) at the Hague to argue that previous cases of genocide have resulted in the political strategy of exile or extermination. Four points that limit the possibilities for an ICJ trial are discussed, & the probable unjustness of the Iraqi Special Tribunal (IST) is related to the treatment of historical cases of Napoleon & Milosevic, & genocide criminals in the Rwanda & Nuremberg criminal trials. The author argues that the current position on genocide according to the General Framework Agreement for Peace in Bosnia & Herzegovina (GFA) & the Dayton Accords, leaves the Milosevic & Hussein cases extremely unclear, & advocates handing Saddam over to the Iraqi police, & finds advantages in the probable chance that Milosevic may die before his trial ends. J. Harwell

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