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Saddam's trial will test the legitimacy of the new Iraqi government

By Don Rothwell - posted Monday, 12 July 2004


Why is the Iraqi Special Tribunal so important? Recent experience has shown the crucial role that postwar judicial processes can play in the restoration of the rule of law in collapsed societies. During the past decade in places such as South Africa, Yugoslavia, East Timor and Cambodia, experience has demonstrated the importance of restorative justice in societies ravaged by war and human-rights atrocities.

For Iraq, these processes take on even greater significance as the rule of law is one of the cornerstones of democracy. George Bush and John Howard have frequently cited the restoration of the rule of law in Iraq as an important step towards it becoming a free and democratic society.

The tribunal will play a fundamental role in that process. To achieve that, the international community, including Australia, should provide the tribunal with as much support as possible.

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To ensure the international credibility of the tribunal and assist the new administration, Canberra could forward the names of Australian government officials, lawyers and judges with potential to contribute to the restoration of justice in Iraq.

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About the Author

Professor Donald R. Rothwell is Professor of International Law, ANU College of Law, Australian National University.

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Feature: Iraq in Transition
Sydney Centre for International and Global Law
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