scispace - formally typeset
Journal ArticleDOI

The Hariri and Saddam tribunals: two expressions of tortured justice

Daoud Khairallah
- 01 Oct 2008 - 
- Vol. 1, Iss: 4, pp 589-611
Reads0
Chats0
TLDR
In this article, the authors analyze the pursuit of justice in relation to two major events: the murder of Rafiq Hariri, a former Lebanese prime minister, and the international crimes that Saddam Hussein, former president of Iraq, was accused of committing.
Abstract
This article establishes that politically motivated pursuit of criminal justice at the international level undermines trust in the international legal order and inflicts multilateral harm that goes far beyond the facts subject to judicial process. The author analyzes the pursuit of justice in relation to two major events: the murder of Rafiq Hariri, a former Lebanese prime minister, and the international crimes that Saddam Hussein, former president of Iraq, was accused of committing. In the first example, the author examines the role of the UN Security Council, including reference to the efforts of the US, relative to the investigation and establishment of a special tribunal for Lebanon; and in the second, the role of the US in the trial and execution of Saddam Hussein. Both cases demonstrate that justice is the main victim of politicizing the judicial process.

read more

Citations
More filters

The special tribunal for lebanon: emergency law, trauma and justice

TL;DR: In this article, the authors analyze the Special Tribunal as an expression of "emergency law," a product of legal globalization on the one hand and the right to intervene on the other.
Journal Article

The Special Tribunal for Lebanon (STL): Selective Justice and Political Maneuvers

TL;DR: In this article, the authors shed light on the politics of selective justice, recalling impunity in Lebanon before and after Hariri's assassination and exposes the UN Security Council's double standards and argues that by creating the tribunal under Chapter VII of the UN Charter, Lebanon's sovereignty was compromised.

The Special Tribunal for Lebanon (STL): International Justice Dissected UN in the Arab World

Omar Nashabe
TL;DR: In this paper, the authors discuss the politics of selective justice in the STL and the STL's unlimited access to official records, and the UNSC's internationalization of an assassination.
References
More filters
Journal ArticleDOI

Documents on the laws of war

TL;DR: In this paper, the texts of twenty-five formal international agreements, from the 1856 Paris Declaration to the 1981 UN Weapons Convention, are annotated with prefatory notes by the editors, explaining its legal and historical context.
Journal ArticleDOI

The Security Council as World Legislature

TL;DR: The legal framework for Security Council legislation has been examined in this paper, where the authors assess the effectiveness of this new weapon in the Security Council's arsenal and examine the legal framework of international legislation in the context of Security Council action.
Related Papers (5)