|A Message from the Dean|
|A 1L Odyssey, Part 2|
|Isabelle Johnston Bids Farewell|
|Gloria Watts, Beloved Registrar, Gets Big Send-Off|
|Graduation / Reunion|
|The Board of Overseers|
|Faculty News & Publications|
According to Fredman, the U.S. intelligence community, working with good information-gathering tools, should be able to support the Iraqi tribunal as it has previous tribunals on the former Yugoslavia and the bombing of Pan Am 103.
However, Fredman observed that thousands of documents and statements are held by a host of governments and non-governmental organizations, which may be challenging to integrate. Additionally, he said, the prosecution will need to establish the admissibility of such evidence, and decisions must be made by potential witnesses who may be afraid to testify.
Scheppele noted concerns about Iraqi competence to conduct
such a high-stakes – and well-publicized - trial. “The Iraqis have
no training in international criminal law,” she said. “Would you
want your first war crimes tribunal to be manned by inexperienced
staff and judges?” In her view, it is a problem as well that
the tribunal could operate with rules of evidence that do not
meet basic norms of procedural fairness.
Under American law, according to Robinson, the prosecution
would have to show beyond a reasonable doubt that Hussein
made a conscious effort to direct or aid the crimes. The Miranda
rules of search and seizure would also apply, as would as our
statute of limitations, which might bar some of these crimes that
occurred more than 25 years ago, Robinson said.
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