Cornell International Law Journal


Farhad Malekian


International Law, Judiciary, Criminal Justice, article, Iraq, Jurisdiction, International offenses, Criminal jurisdiction


In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the principle of international tribunality of jurisdiction is a form of globalization of international criminal justice that has the purpose of preventing the problems seen in the Iraqi Special Tribunal (IST) & the monopolization of international law by the United Nations Charter. Examination of historical, contemporary, & prospective approaches to the system of international law concerning the prosecution & punishment of individuals questions whether the laws of the IST reflect the basic foundations of international criminal justice. The principles of the Criminal Justice System are delineated & related to the historical background of earlier trials, international criminal responsibility, the application of the Principle of Internationality, & infringement of the rights of the accused. The legal & political implications of the Hussein trial are discussed in terms of the philosophy of justice in the distinctions of international criminal law, international criminal justice, & international criminal jurisdiction. J. Harwell

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