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Errors and Missteps: Key Lessons the Iraqi Special Tribunal Can Learn from the ICTY, ICTR, and SCSL

By Michael P. Scharf and Ahran Kang


In this article in the Symposium on Milosevic \u26 Hussein on Trial, the author argues that the Iraqi Special Tribunal (IST) can learn much from the successes \u26 missteps of previous international criminal tribunals. Key lessons from the International Criminal Tribunal on the Former Yugoslavia (ICTY), The International Criminal Tribunal for Rwanda (ICTR), \u26 the Special Court for Sierra Leone (SCSL) are comparatively discussed with statutes of the IST regarding issues of credibility, building prosecutorial strategy, challenges to legitimacy, limitations to the right of self representation, television presence, the role of observers, the Quoque defense, protection of court witnesses, judicial notice, \u26 plea bargaining. The IST is acknowledged as a judicial legacy in the making that will offer future international war criminal tribunals lessons learned, \u26 will make a significant contribution to the development of international humanitarian law. J. Harwel

Topics: Evaluation, Comparative analysis, Judicial process, International courts, Crimes against humanity, Law
Publisher: Scholarship@Cornell Law: A Digital Repository
Year: 2005
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