Suchergebnisse

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.

AbstractHaving invaded Iraq without UN Security Council authorization, the United States was unable to convince many countries to take a meaningful role in helping Iraq deal with its violent past. Always insisting that it would "go it alone", the United States implemented accountability measures without properly consulting the Iraqi people. Nor did the United States access assistance from the United Nations and international human rights organizations, all of which possess considerable knowledge and experience of a wide range of transitional justice mechanisms. In the end, the accountability measures introduced by the Americans either backfired or were hopelessly flawed. What are needed in Iraq are a secure environment and a legitimate authority to implement a comprehensive transitional justice strategy that reflects the needs and priorities of a wide range of Iraqis. Such a strategy should contain several measures, including prosecutions, reparations, a balanced approach to vetting, truth-seeking mechanisms and institutional reform.

Having invaded Iraq without UN Security Council authorization, the United States was unable to convince many countries to take a meaningful role in helping Iraq deal with its violent past. Always insisting that it would "go it alone", the United States implemented accountability measures without properly consulting the Iraqi people. Nor did the United States access assistance from the United Nations and international human rights organizations, all of which possess considerable knowledge and experience of a wide range of transitional justice mechanisms. In the end, the accountability measures introduced by the Americans either backfired or were hopelessly flawed. What are needed in Iraq are a secure environment and a legitimate authority to implement a comprehensive transitional justice strategy that reflects the needs and priorities of a wide range of Iraqis. Such a strategy should contain several measures, including prosecutions, reparations, a balanced approach to vetting, truth-seeking mechanisms and institutional reform. Adapted from the source document.

Justice on hold: accountability and social reconstruction in Iraq / Eric Stover, Miranda Sissons, Phuong Pham and Patrick Vinck S. 5-28 Occupation in Iraq since 2003 and the powers of the UN Security Council / Robert Kolb. - S. 29-50 International humanitarian law and its implementation in Iraq / Zouhair Al Hassani. - S. 51-70 Suicide attacks and Islamic law / Muhammad Munir. - S. 71-89 Human rights in Iraq's transition: the search for inclusiveness / John P. Pace. - S. 91-117 The ethos-practice gap: perceptions of humanitarianism in Iraq / Greg Hansen. - S. 119-136 Crossing the desert - the ICRC in Iraq: analysis of a humanitarian operation / Daniel Palmieri. - S. 137-152 A neutral, impartial and independent approach: key to ICRC's acceptance in Iraq / Karl Mattli and Jörg Gasser. - S. 153-168 Iraq's refugees: ignored and unwanted / Andrew Harper. - S. 169-190