Is it International Enough: The Iraqi Special Tribunal in Light of the Goals of International Justice
While Yuval Shany opines, in 'Does One Size Fit All?', that the design of the Special Tribunal is too much like the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR), this essay argues that the proposed IST is, in fact, not international enough to successfully accomplish the goals that have been set for it. As currently structured, the IST risks being seen by both Iraqis and outsiders as a puppet of the Occupying Power, and as a tool for vengeance by Saddam Hussein's enemies, rather than as the cornerstone of a new judicial system, committed to the rule of law.
Iraqi Special Tribunal
Place of Original Publication
Journal of International Criminal Justice
2 Journal of International Criminal Justice 330 (2004)
Scharf, Michael P., "Is it International Enough: The Iraqi Special Tribunal in Light of the Goals of International Justice" (2004). Faculty Publications. 945.