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Comment, Post-War Iraq: Prosecuting Saddam Hussein, Elizabeth Chamblee Burch
Comment, Post-War Iraq: Prosecuting Saddam Hussein, Elizabeth Chamblee Burch
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On January 9, 2004, the United States officially declared Saddam Hussein a prisoner of war and indicated that it will turn him over to a special court established by the Iraqi Governing Council under the direction of the Coalition Provisional Authority. Yet, prosecution in this forum fails to ensure proof of guilt beyond a reasonable doubt as required by Article 14 of the International Covenant on Civil and Political Rights and does not prohibit the death penalty. Further, such prosecution requires the application of Iraqi criminal law and procedure where otherwise unarticulated in the statute creating it. This might allow …