The Tricky Nature of Proving Genocide Against Saddam Hussein Before the Iraqi Special Tribunal

30 Pages Posted: 3 Aug 2006

See all articles by Michael J. Kelly

Michael J. Kelly

Creighton University School of Law; American Bar Association, Business Law Section; American Society of International Law

Abstract

The trial of Saddam Hussein on charges of genocide for gassing thousands of Iraqi Kurds in Halabja and elsewhere during the Anfal campaigns and against the Marsh Arabs in southern Iraq will be difficult. Prosecutors must prove before the Iraqi Special Tribunal Hussein's specific intent to commit genocide. Saddam will be able to argue that his intent was other than genocide. Among the arguments he may present, economic security, repelling Iranian forces and political cohesion may be the strongest. This paper examines the strategies that both defense and prosecution attorneys will consider as Saddam's trial for genocide gets underway.

Keywords: Saddam, Hussein, genocide, Iraq, Bush, Kurd, Halabja, Iran, Marsh Arabs, crimes against humanity, tribunal, international law, atrocity

JEL Classification: K14, K33, K41

Suggested Citation

Kelly, Michael J., The Tricky Nature of Proving Genocide Against Saddam Hussein Before the Iraqi Special Tribunal. Cornell International Law Journal, Vol. 38, No. 983, 2005. Available at SSRN: https://ssrn.com/abstract=920858

Michael J. Kelly (Contact Author)

Creighton University School of Law ( email )

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HOME PAGE: http://www.creighton.edu/law/faculty/kelly/index.php

American Bar Association, Business Law Section ( email )

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American Society of International Law

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