The trial of Saddam Hussein - Essay Example

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The trial of Saddam Hussein

According to Michael Sharf, the Saddam Hussein trial can be classed as one of the most important cases in international law because (a) the scale of atrocities was high (b) Hussein was a top ranking leader (c) interest of the international community due to the coalition led against Iraq (d) sets a legal precedent for international crimes and (e) effect of the trial and whether it was perceived as fair.1 While Saddam Hussein was guilty of heinous offences against his countrymen, nevertheless, the question of whether or not his trial was fair and whether any substantive human rights issues were raised is a legitimate one, in the interest of future trend sin international criminal law. The basic premise that underlies human rights law is the fact that they are universal2, and therefore transcend social, cultural and political barriers and differences3. An international crime cannot be left within the exclusive jurisdiction of the national authority that would normally exercise control over such instances4 since international crimes may implicate those in positions of power and authority in the local Government. War crimes, genocide, crimes against humanity5, torture and aggression are all included under international crimes and international criminal law is the law that governs such crimes.6 The International criminal Court which came into being in 2002, has jurisdiction over nationals for crimes occurring on the territory of all states that have ratified the Rome Statute. ...Show more

Summary

This study examines the death sentence meted out to Saddam Hussein and examines whether any substantive human rights issues are implicated in this matter. Hussein was guilty of crimes against humanity, which by application of the principle of jus cogens would involve the fundamental application of international criminal law…
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