Nowhere to Hide: Defeat of the Sovereign Immunity Defense for Crimes of Genocide and the Trials of Slobodan Milosevic and Saddam HusseinThis work tracks two dynamics: the evolution of genocide into an international crime and the erosion of sovereign immunity as a defense to prosecution. Both dynamics meet in the trials of Slobodan Milosevic for the Bosnian genocide at Srebrenica and Saddam Hussein for the Kurdish and Marsh Arab genocides. While one despot meets his fate before an international tribunal, the other will face justice before a domestic court of his own countrymen. Neither can hide behind the shield of sovereignty - dictators now have nowhere to hide. |
Contents
Introduction | 3 |
Genocide the Period of World Wars 19151945 | 13 |
International Law Defines the Crime 1948 | 23 |
Genocide Inaction During the Cold War 19501990 | 29 |
Genocide Reaction After the Cold War 19902000 | 37 |
Enforcement Through an International Criminal Court | 53 |
The Prosecution of Slobodan Milosevic | 87 |
67 | 116 |
The Prosecution of Saddam Hussein | 119 |
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accordance accused acts appointed Arabs army Article assistance atrocities attack attempt authorities Bangladesh Bosnia and Herzegovina Bosnian Bosnian Serb carried charges civilians command commission committed conduct continue Convention court crimes Croatia Darfur death decision defense destroy destruction directed effective established ethnic ethnic cleansing evidence fact forces former genocide head humanity immunity indictment individual intent International Criminal international law International Tribunal Iraq Iraqi joint JOURNAL judges July jurisdiction justice killing Kosovo Kurds later leaders March Marsh mass massacre military Milosevic's Muslims occurred participated party permanent perpetrators person political population present President prosecution Prosecutor protection punishable question remains Republic responsible rules Saddam Security Council Serb Serbia Slobodan MILOSEVIC sovereign Statute supra note term territories tion treaty Trial Chamber United Nations violations witnesses Yugoslav Yugoslavia