And Now from the Green Zone...Reflections on the Iraq Tribunal's Dujail Trial

In: Ethics & international affairs, Band 20, Heft 4, S. [np]

Abstract

The Iraq tribunal is an odd creature. It is an Iraqi-led mechanism designed and supported by foreigners. It is based on international law but relies heavily on Iraqi legal tradition and procedures. And it is a postconflict initiative in the midst of escalating war. The tribunal's first trial has brought these and other problems to the fore. Eight individuals, including Saddam Hussein, have been tried on charges of crimes against humanity for actions taken against the residents of Dujail, a small village that was the site of an assassination attempt against the presidential motorcade on July 8, 1982. Hundreds of villagers were detained, tortured, killed, and exiled; those released from exile five years later returned to find their lands destroyed. The International Center for Transitional Justice (ICTJ) has monitored sessions of the Dujail trial regularly, independently, and on the ground. How can we evaluate the tribunal's work thus far? This discussion is based on two key criteria. The first is fairness. Any credible trial must meet the standards of fairness defined by international human rights law, particularly the minimum fair trial guarantees contained in Article 14 of the International Covenant on Civil and Political Rights. The second criterion is that of effectiveness: Does the trial establish an unequivocal record of past crimes, does it assist in fulfilling obligations to victims, and does it enjoy legitimacy among the population whom it is designed to serve? Adapted from the source document.