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Journal of International Criminal Justice Advance Access originally published online on April 26, 2007
Journal of International Criminal Justice 2007 5(2):264-271; doi:10.1093/jicj/mqm005
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© Oxford University Press, 2007, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Editorial Comments

An Intentionally Unfair Trial

Curtis F.J. Doebbler*

* Professor of Law (visiting), An-Najah National University, Nablus Palestine and an international human rights lawyer. Dr Doebbler has been a member of the defence team of Saddam Hussein. [cdoebbler{at}gmail.com].


  Abstract

Numerous flaws made the Dujail trial a violation of the internationally protected human right to a fair trial. The United States and the Iraqi authorities conducted an unfair trial knowing that both the Third and Fourth Geneva Convention describe ‘wilfully depriving’ a person ‘of the rights of fair and regular trial’ as a war crime. Even if Saddam Hussein was not to be regarded as a prisoner of war, that is, merely as a civilian, in any case his right to fair trial was protected by international law. According to the author, both the relevant states and the individuals involved in the unfair Dujail trial bear responsibility for breaches of international law.


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