With the first segment of the trial of Saddam Hussein almost complete and the second just beginning, there is an opportunity for reflection on questions about how he and other responsible officials of his regime should have been or should be tried. In broad terms, has the trial been fair to the defendants, and will it provide justice for the Iraqi people? In the Winter 2006 issue of Ethics & International Affairs, Kingsley Chiedu Moghalu, former legal advisor to the International Criminal Tribunal for Rwanda, and Miranda Sissons, Head of the Iraq Program at the International Center for Transitional Justice, discuss the fairness and efficacy of the Dujail trial and suggest improvements for the future.
This issue also features Allen Buchanan and Robert O. Keohane on a public standard for the legitimacy of global governance institutions. David Mellows clarifies when wars can be called proportional. Gerhard Øverland argues that soldiers may be justified in killing innocent conscripts only when the latter are part of an aggressive army. And Martin Flaherty contends that allowing U.S. courts to rely on foreign law will improve our democracy.
The Legitimacy of Global Governance Institutions [Abstract]
The authors articulate a global public standard for the normative legitimacy of global governance institutions. This standard can provide the basis for principled criticism of global governance institutions and guide reform efforts in circumstances in which people disagree deeply about the demands of global justice and the role that global governance institutions should play in meeting them.
Counterfactuals and the Proportionality Criterion [Abstract]
It is widely held that, in order for a resort to war or military force to be morally justified, it must, in addition to having a cause that is just, be proportionate. Mellow argues for the need of a counterfactual baseline with moral qualifiers when making the proportionality evaluation.
Killing Soldiers [Abstract]
A riddle in the ethics of war concerns whether lethal defensive force may be justifiably used against aggressing soldiers who are morally innocent.
Judicial Globalization in the Service of Self-Government [Abstract]
For at least the past several decades, judges around the world have been looking beyond their own states' jurisprudence to international law and the decisions of foreign courts in order to apply domestic law, part of a phenomenon Anne-Marie Slaughter calls "judicial globalization."
Symposium: The Trial of Saddam Hussein
And Now from the Green Zone . . . Reflections on the Iraq Tribunal's Dujail Trial [Full Text]
The Iraq tribunal is an odd creature. It is an Iraqi-led mechanism designed and supported by foreigners. It is based on international law but relies heavily on Iraqi legal tradition and procedures. And it is a postconflict initiative in the midst of escalating war.
Saddam Hussein's Trial Meets the "Fairness" Test [Full Text]
Despite legitimate concerns, Saddam Hussein has received an appropriate and fair trial, both in light of the specific details of the judicial proceedings and in light of the political nature of war crimes justice in an anarchic system of states. RECENT BOOKS ON ETHICS AND INTERNATIONAL AFFAIRS
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