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Benjamin E. Brockman-Hawe

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The Iraqi High Court; A Retrospective And Prospective View, Benjamin E. Brockman-Hawe Jan 2007

The Iraqi High Court; A Retrospective And Prospective View, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

Over the course of its existence, the chief transitional justice mechanism in Iraq – the Iraqi High Court - has attracted an admirably sized assemblage of detractors, naysayers and critics. When examined in light of the normative values widely agreed to underly 21st century notions of transitional justice however, the necessity for the IHC as opposed to an alternative transitional mechanism becomes apparent. Various financial, logistical, idealogical and political barriers precluded reliance on an ad-hoc Tribunal, hybrid court, or trial of Saddam and his regime by the ICC; in this environment, the formation of the IHC represented a useful and …