ESTABLISHING POST-CONFLICT JUSTICE THROUGH U.S. OCCUPATION: MILITARY TRIBUNALS AS A MEANS OF TRANSITIONAL JUSTICE
Authors
Bock, Adam R.
Subjects
Transitional Justice
Justice
Tribunal
Saddam
Hussein
Al-Dujail
Nuremberg
IMT
Tokyo
Transformative Justice
Iraqi Special Tribunal
High Criminal Court
post-conflict
reconciliation
victors justice
CPA
IST
IHCC
IMT-FE
Military Tribunal
Civil Military Relations
Civ-Mil Relations
Truth Commission
Trial
Iraq
Iraqi.
Justice
Tribunal
Saddam
Hussein
Al-Dujail
Nuremberg
IMT
Tokyo
Transformative Justice
Iraqi Special Tribunal
High Criminal Court
post-conflict
reconciliation
victors justice
CPA
IST
IHCC
IMT-FE
Military Tribunal
Civil Military Relations
Civ-Mil Relations
Truth Commission
Trial
Iraq
Iraqi.
Advisors
Halladay, Carolyn
Date of Issue
2013-03
Date
Mar-13
Publisher
Monterey, California. Naval Postgraduate School
Language
Abstract
This thesis examines post-conflict justice in Iraq following the U.S. invasion, specifically, the legitimacy of the Iraq High Criminal Court and its first deliberation, the Al-Dujail trial of Saddam Hussein. It asks How can the United States infuse transitional justice through Western forms of judicial procedures into the democratic transition of non- Western nations under U.S. military occupation The analysis begins with International Military Tribunal at Nuremberg as a model of transformative post-conflict justice. Then it turns to the cloudier legacy of the Tokyo Trials, where the internal contradictions of this approach gathered force in the non-Western context and laid bare the shortcomings of the Nuremberg model. Finally, it examines the Iraqi tribunal, which demonstrated many of the shortcomings of earlier tribunals, to the detriment of the United States and the new Iraqi government. This thesis does not concern itself with the guilt or innocence of the former Iraqi dictator. The purpose is to better understand how the Coalition Provisional Authority established legal jurisdiction and to review the issues surrounding Saddams trial. Finally, it suggests judicial processes that could be employed in non-Western cultures to support the transition from an insurgent post-conflict environment to peace.
Type
Description
Series/Report No
Department
National Security Affairs
Organization
Identifiers
NPS Report Number
Sponsors
Funder
Format
Citation
Distribution Statement
Approved for public release; distribution is unlimited.
Rights
This publication is a work of the U.S. Government as defined
in Title 17, United States Code, Section 101. As such, it is in the
public domain, and under the provisions of Title 17, United States
Code, Section 105, is not copyrighted in the U.S.