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2005-02-28 Iraq-Jordan
Iraq Tribunal to Try 5 Baathists
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Posted by Steve 2005-02-28 1:51:58 PM|| || Front Page|| [7 views since 2007-05-07]  Top

#1 Important technical point: Tribunals are not part of the Common Law. They are usually found in Roman and Napoleonic law countries. Whichever of these, or another legal system, is in place in Iraq will really matter in the course of these trials. Anybody know?
Posted by Anonymoose 2005-02-28 2:50:35 PM||   2005-02-28 2:50:35 PM|| Front Page Top

#2 Common law of Hammurabi.
Posted by Shipman 2005-02-28 4:53:35 PM||   2005-02-28 4:53:35 PM|| Front Page Top

#3 A brief glance suggests that Iraq law is probably a mix of tribalism, British common law, and Iraqi tradition all held together in a new, statutory framework that is an attempt to jumpstart a legal system that has not worked well for almost half a century. A historical overview of the Iraqi system (up to the fall of Hussein) can be found here, in a United States Institute of Peace article called Establishing the Rule of Law in Iraq. Among other things, this article notes that
the British established and staffed Iraq's modern, post-Ottoman judicial system. As a consequence, the judiciary had a tradition of independence from the executive that continued after the Iraqi revolution of 1958. During the period before the Baath Party came to power, the courts made a number of important decisions against the government. After 1968, the new Baathist constitution marginalized the judiciary by ending the separation of powers, making civilian courts subservient to the military court system, and creating special courts outside the regular judicial system. Iraq's civilian court system is composed of a high court, civil courts, and criminal courts and the criminal prosecutorial system.
The authority under which the tribunal is operating that will try Hussein and his henchmen is described here, in a statute being executed by the Coalition Provisional Authority, the Statute of the Iraqi Special Tribunal. The tribunal appears focused on the enforcement of law and order through trial and judgment, leading to the efficient punishment of universally recognized criminal activity (e.g., rape, enslavement, murder, genocide . . .)
Posted by cingold 2005-02-28 8:54:17 PM||   2005-02-28 8:54:17 PM|| Front Page Top

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