The Iraqi Special Tribunal: A Human Rights Perspective

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, & accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 & 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, & the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural rights for the accused, & the human rights infrastructure. The author concludes that the Iraqi people's aspiration for justice will generate societal stability & build a rule of law for themselves through the IST as a tangible demonstration of fundamental fairness & the rich jurisprudential roots of the tribunal.

J. Harwell