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"The Only Thing Left Is Justice" Cherif Bassiouni, Saddam Hussein, And The Quest For Impartiality In International Criminal Law

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Chapter Summary

This chapter analyses on a phenomenon recurrent throughout the larger project, generally refers to both the international bench and the mixed-bench options as ?international? tribunals. It assess a single tribunal in light of several criteria, applying the impartiality deficit critique to a tribunal that Professor Cherif Bassiouni helped to plan, the Iraqi High Criminal Court that at this writing stands poised to try persons charged with responsibility for torture, killings, and other crimes of repression over a 35-year period. The chapter evaluates the Court in light of the impartiality deficit critique once it has set out the concerns key to that critique. Initial implementation of the Court occurred in a manner so devoid of basic guarantees, it shows, that there seemed little likelihood that the accused would receive either the appearance or reality of a fair trial.

Keywords: Cherif Bassiouni; fair trial; impartiality deficit critique; international criminal law; international tribunals; Iraqi High Criminal Court; Saddam Hussein; torture



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