The Iraqi Special Tribunal: A Human Rights Perspective

In this article in the Symposium on Milosevic \u26 Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, \u26 accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 \u26 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, \u26 the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural rights for the accused, \u26 the human rights infrastructure. The author concludes that the Iraqi people\u27s aspiration for justice will generate societal stability \u26 build a rule of law for themselves through the IST as a tangible demonstration of fundamental fairness \u26 the rich jurisprudential roots of the tribunal. J. Harwel