Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Challenges Faced by the Iraqi High Tribunal: The Dujail Trial

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

From its creation as an "internationalized domestic tribunal" until the execution of his first sentence in the Dujail case, the Iraqi High Tribunal has been criticized by States, International as well as Non-Governmental Organizations and scholars. This article provides a comprehensive analysis of the first and most expected decision of the Iraqi High Tribunal: the condemnation and execution of the former dictator Saddam Hussein.

The first part of the article describes the controversy over the choice of tribunal and explains how, in the context of the multiplication of international and hybrid criminal bodies, the decision of the Iraqi government to create a domestic court with some international law elements has added fuel to the criticisms and complicated the task of the Tribunal to render justice.

The second part of the article scrutinizes the Tribunal decision in the Dujail case. The International Community was eager to read how the Tribunal would deal with the exceptions to the competence raised by the defendants. Despite a very lengthy decision, the response of the Tribunal was not entirely satisfactory. Furthermore, the aspects of the merit dealing with international law precedents were quite disappointing.

Finally, the third part of the article examines the legality of the death penalty. Saddam Hussein and his co-defendants were hanged immediately after a short and fast appeal procedure. Consequently, the reactions towards the execution have been strong and highly critical.

Affiliations: 1: Public International Law, Robert Schuman University, Strasbourg


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Law & Practice of International Courts and Tribunals — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation