Middle East and North Africa

The capture of Saddam Hussein on December 14, 2003, has prompted wide-ranging debate about where and how he should be tried.  While potential venues for prosecution range across a broad spectrum, it seems likely that Hussein will be tried before a court in Iraq operating with some form of international assistance.

 

I.  The Fact of Occupation

 

            Relying on U.N. Security Council Resolution 1441 (2002) and on the sovereign authority of the United States to use force in assuring its own national security, President Bush has said that the United States and its allies will use armed force to disarm Iraq if Saddam Hussein and his sons do not leave Iraq within a 48-hour deadline.