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Vanderbilt University Law School

Vanderbilt Journal of Transnational Law

2006

Iraq

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U.S. Military Courts And The War In Iraq, Michael J. Frank Jan 2006

U.S. Military Courts And The War In Iraq, Michael J. Frank

Vanderbilt Journal of Transnational Law

Throughout its history, the United States has frequently entrusted to military courts the task of prosecuting insurgents and terrorists during instances of military occupation.

Instead of carrying on this tradition in Iraq, the United States created the Central Criminal Court of Iraq (CCCI) and entrusted a band of Iraqi judges with this task. Infected with corruption, nationalism, tribal loyalties, and anti-U.S. animus, this court has repeatedly thwarted the United States by acquitting or only lightly punishing Iraqi terrorists. Thus, the terrorists have learned that they face an excellent chance of acquittal in the CCCI, or if per chance they are …