The Iraq War and Legal Issues: The Trial of Saddam Hussein
Synopsis
The subject of war crimes trials is highly controversial and complex. The trials of war criminals have raised doctrinal controversy regarding the legal basis of trials, jurisdiction of the tribunals and their composition to try them. The judgments of these tribunals have been criticized on many grounds. The study seeks to examine the various legal issues posed by the US invasion and occupation of Iraq. It examines implications of the Iraq conflict for the future of world order. The study addresses the following questions: What is the legal basis of doctrine of preemption? Is the use of force as an act of preemption legitimate and legal in international law? Various resolutions on Iraq adopted by the UN Security Council between 1990 and 2003 have been critically analysed. The legality of the 2003 Iraq war has been discussed. Finally the study deals with various problems faced by the George W. Bush (Jr.) Administration after the capture of Saddam Hussein and discusses the present legal status and other issues involved in his trial. The study concludes that US have to share its predominant power in the construction of new international institutional mechanisms for maintaining global peace and security.
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