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Emasculating the Philosophy of International Criminal Justice in the Iraqi Special Tribunal

By Farhad Malekian

Abstract

In this article in the Symposium on Milosevic \u26 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) \u26 the monopolization of international law by the United Nations Charter. Examination of historical, contemporary, \u26 prospective approaches to the system of international law concerning the prosecution \u26 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 \u26 related to the historical background of earlier trials, international criminal responsibility, the application of the Principle of Internationality, \u26 infringement of the rights of the accused. The legal \u26 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, \u26 international criminal jurisdiction. J. Harwel

Topics: International Law, Judiciary, Criminal Justice, article, Iraq, Jurisdiction, International offenses, Criminal jurisdiction, Law
Publisher: Scholarship@Cornell Law: A Digital Repository
Year: 2005
OAI identifier: oai:scholarship.law.cornell.edu:cilj-1651
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