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Full-Text Articles in Law
Milosevic And Hussein On Trial, Alfred P. Rubin
Milosevic And Hussein On Trial, Alfred P. Rubin
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses the difficulties of trying Saddam in the International Court of Justice (ICJ) at the Hague to argue that previous cases of genocide have resulted in the political strategy of exile or extermination. Four points that limit the possibilities for an ICJ trial are discussed, & the probable unjustness of the Iraqi Special Tribunal (IST) is related to the treatment of historical cases of Napoleon & Milosevic, & genocide criminals in the Rwanda & Nuremberg criminal trials. The author argues that the current position on genocide …
The Icty Trials And Transitional Justice In Former Yugoslavia, Natasa Kandic
The Icty Trials And Transitional Justice In Former Yugoslavia, Natasa Kandic
Cornell International Law Journal
No abstract provided.
Justice, Power, And The Realities Of Interdependence: Lessons From The Milosevic And Hussein Trials, Payam Akhavan
Justice, Power, And The Realities Of Interdependence: Lessons From The Milosevic And Hussein Trials, Payam Akhavan
Cornell International Law Journal
In this essay in the Symposium on Milosevic & Hussein on Trial, the author discusses issues of interdependence to argue that, although military power can eliminate threats in the short term, in an inextricably interdependent world long term peace can only be sustained by legitimacy. The author's personal experiences at a meeting on the "ethnic cleansing" in the Balkans prior to the creation of the International Criminal Tribunal on the former Yugoslavia (ICTY) are related to the success of "soft power" in judicial disguise, & the relationship between justice for others & political identity in liberal democracies. A historical narrative …
The Tricky Nature Of Proving Genocide Against Saddam Hussein Before The Iraqi Special Tribunal, Michael J. Kelly
The Tricky Nature Of Proving Genocide Against Saddam Hussein Before The Iraqi Special Tribunal, Michael J. Kelly
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses procedural challenges to proving genocide in the trial of Saddam Hussein to argue that the legitimacy of the Iraqi Special Tribunal (IST) & the proof of genocide rest on a sense of fairness, transparency, & completion of trials on a reasonable schedule. The Geneva Convention definition of genocide is discussed in terms of the impact of general verses specific intent in the International Criminal Tribunal for the former Yugoslavia (ICTY). A historical analysis of the colonial creation of Iraq relates Saddam's style of government control …