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October 30, 2009 |  1 comment |  Print | E-Mail Your Research  

Natalie Catherine Chwalisz

BA Thesis: Trial of Saddam Hussein: Success of Justice, or Set-up for Failure?

Natalie Catherine Chwalisz: I examine the consequences of the decision to make the Iraqi High Tribunal a domestic court-a decision which negatively affected its effectiveness. It analyzes the Tribunal’s success / failure in achieving not only a fair procedure, but also transitional justice in its broader sense.

The Iraq High Tribunal was set up amidst an increasingly unsafe environment as a domestic tribunal, with little international input beyond that of the United States.  The Tribunal struggled throughout the Dujail proceeding to ensure a fair and transparent trial that established an independent due process of law, restored a functioning, legitimate judiciary, and prosecuted those who bear the greatest responsibility for the crimes committed under the Ba'ath regime.  The execution of Saddam Hussein was the culmination of a chaotic trial marred by major procedural flaws.  This paper examines the consequences of the decision to make the IHT a domestic-a decision which fundamentally affected its effectiveness.    It analyzes the Tribunal's ultimate success / failure in achieving not only a fair procedure, but also transitional justice in its broader sense- justice fostering social reconciliation, allowing the society to face the past and simultaneously distance itself from it.  However, the difficulties of conducting a fair trial in a domestic tribunal experienced in Iraq may be a warning beyond the Iraqi context:  Iraq's experience of transitional justice shows the dangers entailed in keeping a trial local in a country where the political and social environment is not conducive to impartial, independent fair trial proceedings.

 
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Unregistered User

November 12, 2009

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The Saddam Hussein trial was done by a Kangaroo Court a la tBush regime and Saddam Hussein did not have a ghost of a chance under those circumstances.

Today the Mass Murderer of 2,000,000 sits in a chair on his ranch in Crawford, Texas without a care. This evil freak has no conscience whatsoever. He could well-compare with Adolf Hitler or Josef Stalin in that they were all mad man attempting to rule the world.

The World cannot be at PEACE Until the trial of George W. Bush is tried by the WAR CRIMES COURT in THE HAGUE. No one should ever be exempt from Internationa; Law as George W. Bush was and be allowed to get away with MURDER.

Of course there is also Heinz (Henry) Kissinger who murdered 29,000 Chileans in September 1973 ans should stand trial as a WAR CRIMINAL at Internatnatioal WAR CRIMES COMMISSION in The HAGUE as well.

JUSTICE is for all and not limited to some.
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