The Tricky Nature of Proving Genocide Against Saddam Hussein Before the Iraqi Special Tribunal

摘要

For the myriad foregoing reasons, such as internal defense squabbling, tribunal and security stabilization, prosecutorial evidence collection, and prosecutorial strategic advantages in establishing damning facts with the IST during the trials of Saddam's henchmen, Saddam's trial is still far away from beginning. Indeed, Mouwafak al-Rubaie, the Iraqi National Security Advisor, told the press recently that Saddam's trial would not begin until early 2006, citing the need to "get it right." To be sure, many have an interest in getting it right, not the least of which include the United States and its coalition, the new Iraqi government, and nascent Iraqi legal community. There is every indication that the IST is determined to learn from the mistakes of the ICTY in the trial of Milosevic as well as the experience of other tribunals that have tried other prickly former leaders, all of whom naturally attempted to corrupt the proceedings against them.