The capture of Saddam Hussein alive is of course a cause for rejoicing. His crimes were massive. He left hundreds of thousands of victims in Iraq; the Shiites who dared to oppose him, the Kurds against whom he committed a most terrible genocide. The question now and the subject of this talk is what to do in order to bring him justice. Having captured him and some of his chief lieutenants, how should they be brought to justice? Broadly speaking, there are four options. The first is a wholly domestic trial in Baghdad before Iraqi judges. The second option would be a hybrid international/domestic court of the form that is now operating in Sierra Leone. The third option is a treaty-based multinational court. The fourth and final option would be an ad hoc tribunal established by the Security Council under Chapter VII of the United Nations Charter, on the lines of the International Criminal Tribunals for the Former Yugoslavia and Rwanda. Those then are the four options.
Justice Richard Goldstone,
The Trial of Saddam Hussein: What Kind of Court Should Prosecute Saddam Hussein and Others for Human Rights Abuses,
27 Fordham Int'l L.J. 1490
Available at: https://ir.lawnet.fordham.edu/ilj/vol27/iss4/7