Grotian Moment

GROTIAN MOMENT BLOG

Issue #5: Did the Iraqi regime's actions to dam rivers, leading to the destruction of the habitat of the Marsh Arabs, constitute a form of genocide?

YES: By Linda Malone** The term genocide is applied to prohibited actions taken against a specific protected group, with the intent of destroying that group. The prohibited act taken against the Marsh Arabs was the degradation of their environment to the point of "deliberately inflicting...
Thursday, September 22, 2005/Number of views (1446)/Comments (0)/
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Issue #6: Did the Anfal Operations constitute Genocide?

See also: Michael P. Scharf & Gregory S. McNeal, Saddam on Trial: Understanding and Debating the Iraqi High Tribunal 218 (2006). Perhaps: By Linda Malone**1 The Iraqi constitution recognizes and protects the separate nationality of the Kurdish population within the Iraqi state.**2 ...
Thursday, September 22, 2005/Number of views (1808)/Comments (0)/
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Issue #7: Does Saddam Hussein have head of state immunity?

No: By Linda Malone**1 Head of state immunity has long protected leaders and organs of States from prosecution for acts procured under the mantle of state leadership. It had its basis in customary international law,**2 and has evolved into a standard universally accepted by most countries....
Thursday, September 22, 2005/Number of views (1848)/Comments (0)/
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Issue #9: Does the IST protect the basic right to the assistance of counsel?

[b]Yes By Michael Newton Cite as: Michael P. Scharf & Gregory S. McNeal, Saddam on Trial: Understanding and Debating the Iraqi High Tribunal 107 (2006). International law emphatically protects the right to the assistance of counsel in presenting a fair and full defense against criminal...
Thursday, September 22, 2005/Number of views (1672)/Comments (0)/
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