1 - Legal Jurisdictions
Published online by Cambridge University Press: 05 June 2014
Summary
On December 30, 2006, Saddam Hussein al-Takriti was hanged by a noose around his neck after being convicted of ordering a massacre of Iraqi citizens in 1982 in a place called Dujail. The videotape broadcast worldwide showed witnesses jeering as his body convulsed through the gallows. The trial had been an exercise in legal pluralism, the multicultural intermingling of legal orders. It dramatized some complexities of international interventions in the rule-of-law sector. The tyrant was captured by American forces and sentenced by an Iraqi High Tribunal organized and financed by the Occupying Authority. He was not charged with genocide, war crimes, or crimes against humanity under international law. Nor was he indicted for all his administrations’ atrocities. Rather, the verdict was rendered under the 1969 Iraqi Penal Code derived from an antecedent law promulgated by Great Britain under its League of Nations mandate and consistent with the Napoleonic code introduced by the Ottomans in their Mesopotamian provinces. Conducted in Arabic and Kurdish by Iraqi judges and prosecutors, the proceedings reflected Ottoman, customary, French, British, and Egyptian influences on Iraq’s courts system, and some American elements, but not more recent precedents, norms, and mechanisms in international criminal prosecution.
Few other initiatives were as sensationally fraught as the one culminating in this gruesome death chamber spectacle, and very rarely are foreign interventions as determinant as the American role in the Dujail proceedings. Yet multicultural legal systems and evolving transnational norms frequently call into question what system of laws applies in what circumstances. Inevitably probing the shifting confluence of municipal and transnational jurisdictions, legal development projects in post-colonial states and the Palestinian territories often confronted ambiguities between and among layers of judicial authority. Scholars posed these contradictions between law as a bulwark against police states and law as a tool of empire.
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- Information
- Political Aid and Arab ActivismDemocracy Promotion, Justice, and Representation, pp. 23 - 62Publisher: Cambridge University PressPrint publication year: 2013
References
, “Human Rights International NGOs: A Critical Evaluation,” in , ed. NGOs and Human Rights: Promise and Performance (Philadelphia: University of Pennsylvania Press, 2001) 151–163:151Google Scholar
, “Human Rights, Principled Issue-Networks, and Sovereignty in Latin America,” International Organization, 47:3 (1993) 411–441CrossRefGoogle Scholar
, “How is International Human Rights Law Enforced,” Indiana Law Journal 74 (1998) 1396–1417Google Scholar
, , and , “Sovereignty in the Balance: Claims and Bargains at the UN Conferences on the Environment, Human Rights, and Women,” International Studies Quarterly 44:4 (2000) 591–614CrossRefGoogle Scholar
, “International Human Rights: A Regime Analysis,” International Organization 40:3 (1986):599–642CrossRefGoogle Scholar
elaborates this position in “International Human Rights Law as Power/Knowledge,” Human Rights Quarterly 27:3 (2005) 1046–1068CrossRefGoogle Scholar
, “Parliaments and Civil Society Cooperation in the Euro-Mediterranean Partnership,” Mediterranean Quarterly 15:1 (2004) 75–92Google Scholar
, “Hybrids on the Rim? The European Union’s Mediterranean Aid Policy,” Democratization, 12: 4 (2005) 461–480CrossRefGoogle Scholar
and , “The Globalization of American Law,” International Organization, 58:1 (2004) 103–136CrossRefGoogle Scholar
, “Limiting Sovereignty or Producing Governmentality? Two Human Rights Regimes in U.S. Political Discourse,” Constellations 15:4 (2008) 502–516CrossRefGoogle Scholar
, “Law Overruled: Strengthening the Rule of Law in Postconflict States,” Global Governance 14 (2008) 21–38Google Scholar
, “Exporting the Patriot Act? Democracy and the ‘War on Terror’ in the Third World,” Third World Quarterly 28:5 (2007) 1017–1032: 1017CrossRefGoogle Scholar
, “Democratize or Disintegrate,” al-Ahram Weekly No. 862, 13–19 September 2007
, “After Abu Ghraib: Exploring Human Rights in America and the Middle East” (Cambridge: Cambridge University Press, 2009)CrossRefGoogle Scholar
et. al., The Iraq Effect: The Middle East after the Iraq War, Rand Project Air Force, Santa Monica, 2010: 80–83Google Scholar
et al., “The Supreme International Crime: How the U.S. War in Iraq Threatens the Rule of Law,” Social Justice 32: 2 (2005) 52–81Google Scholar
, “Losing ‘the Force’? The ‘Dark Side’ of Democratization after Iraq,” Democratization, 16: 2 (2009) 215–242CrossRefGoogle Scholar
, “Democratic Constitutionalism after Military Occupation: Reflections on the United States’ Experience in Japan, Germany, Afghanistan, and Iraq,” Common Knowledge 12:2 (2006) 181–196CrossRefGoogle Scholar
, “The Violence of Non-Violence: Law and War in Iraq,” Journal of Law and Society 34 (2007) 99–115: 111CrossRefGoogle Scholar
, “Setting the Conditions for Abu Ghraib: The Prison Nation Abroad,” American Quarterly, 57:3 (2005) 973–997CrossRefGoogle Scholar
, “The Postcolonial State and the Protection of Human Rights,” Comparative Studies of South Asia, Africa, and the Middle East 22: 1- 2 (2002) 59–75CrossRefGoogle Scholar
, “Human Rights in History,” The Nation August 30-September 6, 2010
, “Reform of Personal Status Laws in North Africa: A Problem of Islamic or Mediterranean Laws?” The Middle East Journal 49 (1995) 432–46Google Scholar
, Modernity at Large: Cultural Dimensions of Globalization (Minneapolis: University of Minnesota Press, 2006)Google Scholar
, Law and Colonial Cultures: Legal Regimes in World History, 1400–1900 (Cambridge: Cambridge University Press, 2002)Google Scholar
, “Donor-Driven Justice and its Discontents: The Case of Rwanda,” Development and Change 36:5 (2005) 887–910: 888–889, 892CrossRefGoogle Scholar
, “How Ideas Spread: Whose Norms Matter? Norm Localization and Institutional Change in Asian Regionalism,” International Organization 58 (2004) 239–275CrossRefGoogle Scholar
, The Rule of Law in the Arab World (Cambridge: Cambridge University Press, 1997)CrossRefGoogle Scholar
, Squandered Victory: The American Occupation and the Bungled Effort to Bring Democracy to Iraq (New York: Henry Holt & Co., 2005), 149Google Scholar
, “Were There More Acceptable Alternatives to the Iraqi High Tribunal?” Journal of International Criminal Justice Minneapolis, 5:2 (2007) 294–300CrossRefGoogle Scholar
, “Law and Imperialism: Egypt in Comparative Perspective,” Law and Society Review, 29:1 (1995) 103–125CrossRefGoogle Scholar
, “Prosecution in Yemen: The Introduction of the Niyaba,” International Journal of Middle East Studies 15 (1983) 507–518CrossRefGoogle Scholar
, “Universal Human Rights: The Contribution of Muslim States,” Human Rights Quarterly 26.4 (2004) 799–844.CrossRefGoogle Scholar
, “Human Rights in the Arab World: A Regional Perspective,” Human Rights Quarterly 23.3 (2001) 701–732CrossRefGoogle Scholar
, “Martyr Bodies in the Media: Human Rights, Aesthetics, and the Politics of Immediation in the Palestinian Intifada,” American Ethnologist 36: 1 (2009) 161–180CrossRefGoogle Scholar
, “Human Rights and the Israeli Occupation,” CR: The New Centennial Review, 8:1 (2008) 33–55CrossRefGoogle Scholar
, “Cause Lawyering in Transnational Perspective: National Conflict and Human Rights in Israel/Palestine,” Law and Society Review, 31: 3 (1997) 473–504CrossRefGoogle Scholar
, “‘I Heard it All before’: Egyptian Tales of Law and Development,” Third World Quarterly 27:5 (2006) 833–853CrossRefGoogle Scholar
, “Some Yemeni Ideas About Human Rights,” in eds. and , Alternative Voices on Human Rights in the Arab World (Philadelphia: University of Pennsylvania Press, 2005) 137–152Google Scholar
, Law in the Service of Legitimacy: Gender and Politics in Jordan (Surrey, UK: Ashgate Press, 2009)Google Scholar
, “Jordan: Parliament Should Reject U.S. Impunity Deal: No Exemptions from International Justice for the Gravest Crimes,” London, December 7, 2005Google Scholar
, “‘We’re Very Apolitical’: Examining the Role of the International Legal Assistance Expert,” Indiana Journal of Global Legal Studies 16:1 (2009) 293–310: 295CrossRefGoogle Scholar
, “Diffusion Across Political Systems: The Global Spread of National Human Rights Institutions,” Human Rights Quarterly 32:3 (2010) 729–760CrossRefGoogle Scholar
and , “National Human Rights Institutions in the Middle East,” The Middle East Journal 59:3 (2005) 411–436CrossRefGoogle Scholar
and , “Governmental Human Rights Structures and National Human Rights Institutions in the Middle East and North Africa,” in Islam and Human Rights, ed. (Frankfurt: Peter Lang Verlag, 2008) 239–256Google Scholar
, Assessing Democracy Assistance: Yemen, FRIDE Project Report, May 2010: 9, 12–13
, “Rhetorical Acrobatics and Reputations: Egypt’s National Council for Human Rights,” Middle East Report 235 (2005) 2–7CrossRefGoogle Scholar
, “Judges as Reform Advocates: A Lost Battle,” Cairo Papers in Social Science 29:2/3 (2006) 60–84Google Scholar
, “Constraints on the Promotion of the Rule of Law in Egypt: Insights from the 2005 Judges’ Revolt,” Democratization, 16:1 (2009) 100–118CrossRefGoogle Scholar
, “The Role of International Experts in Constitution-Making,” Georgetown Journal of International Affairs 1 (2004) 89–95Google Scholar
, “Constitution-Making after Conflict: Lessons for Iraq,” Journal of Democracy 15:2, l (2004) 81–95CrossRefGoogle Scholar
, “Blood, Ba’ath, and Beyond: The Constitutional Dilemma of Iraq,” Public Choice 119:1–2 (2004)13–30CrossRefGoogle Scholar
, What We Owe Iraq: War and the Ethics of Nation Building (Princeton: Princeton University Press, 2004)Google Scholar
, Inventing Iraq: The Failure of Nation Building and a History Denied (New York, Columbia University Press: 2003) 165Google Scholar
, “Post-Sovereign Constitution-Making and its Pathology in Iraq,” New York Law School Law Review, 51:3 (2007) 534–555Google Scholar
, “Sistani v. Bush: Constitutional Politics in Iraq,” Constellations 11:2 (2004) 174–192CrossRefGoogle Scholar
, “A Constitution without Constitutionalism: Reflections on Iraq’s Failed Constitutional Process,” Texas Law Review 87:7 (2009) 1627–1655Google Scholar
, “What Egypt Should Learn from Iraq,” Open Democracy, April 21, 2011
, “Unbundling the State: Iraq and the ‘Recontainerization’ of Rule, Production, and Identity,” Environment and Planning A 39:7 (2007) 1564–1581CrossRefGoogle Scholar
, “The Privatization of Security: Lessons from Iraq,” Orbis 50:2 (2006) 327–342CrossRefGoogle Scholar
, “‘Reconstructing’ Justice in Iraq and the Rule of Law,” Hague Journal on the Rule of Law, 2: 2 (2010) 155–170: 5CrossRefGoogle Scholar
, “Toward a Rule of Law Society In Iraq: Introducing Clinical Legal Education into Iraqi Law Schools,” Berkeley Journal of International Law 23:112 (2005) 112–136Google Scholar
, “Send In the Professors,”New York Times, April 8, 2010
, “Rebuilding Iraq’s Judicial System from the Ground Up,” New Jersey Law Journal 3 (2003)Google Scholar
, “Welcome to the Green Zone: The American Bubble in Baghdad,” The Atlantic Monthly (November 2004) 61–88Google Scholar
, , and , “How Law Rules: Torture, Terror, and the Normative Judgments of Iraqi Judges,” Law and Society Review 42:3 (2008) 605–643CrossRefGoogle Scholar
, “Trying Times: The Prosecution of Terrorists in the Central Criminal Court of Iraq,” Florida Journal of International Law 18:1 (2006) 1–133Google Scholar
, “Iraq’s Legal System Staggers beneath the Weight of War,”New York Times, December 17, 2006
, “The 2005 Revision of the Statute of the Iraqi Special Tribunal,” Journal of International Criminal Justice 5:2 (2007) 287–293CrossRefGoogle Scholar
, “The Trial of Saddam Hussein: Limits and Prospects,” Contemporary Review 288 (2006) 192–200Google Scholar
, “An Intentionally Unfair Trial,” Journal of International Criminal Justice 5:2 (2007) 264–271CrossRefGoogle Scholar
, “Justice under Occupation: Rule of Law and the Ethics of Nation-Building in Iraq,” Symposium: Nation-Building in the Middle East, Yale Journal of International Law 431 (2005) 431–473: 30Google Scholar
, , and , “Bremer’s ‘Gordian Knot’: Transitional Justice and the US Occupation of Iraq,”Human Rights Quarterly 27:3 (2005) 838–839CrossRefGoogle Scholar
, “The Iraqi High Tribunal” [A Viable Experiment in International Justice?], Journal of International Criminal Justice 5:2 (2007) 258–263CrossRefGoogle Scholar
, “Trying Hussein: Between Hubris and Hegemony,” Journal of International Criminal Justice 2 (2004) 319–329CrossRefGoogle Scholar
and , “Was the Dujail Trial Fair?” Journal of International Criminal Justice 5:2 (2007) 272–286CrossRefGoogle Scholar