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90 Int'l Rev. Red Cross 5 (2008)

handle is hein.journals/intlrcs90 and id is 1 raw text is: 




























                                    Eric Stover,  Miranda Sissons, Phuong Pham and
                                    Patrick  Vinck
                                    Eric Stover is the Faculty Director of the Human Rights Center and Adjunct Professor of
                                    Law and Public Health at the University of California, Berkeley. Miranda Sissons is
                                    Deputy Director, Middle East, for the International Center for Transitional Justice (ICT).
                                    Phuong Pham is a Research Associate Professor at the Payson Center for International
                                    Development, Tulane University, and a Senior Research Fellow at the Human Rights
                                    Center, University of California, Berkeley. Patrick Vinck is Project Director of the
                                    Berkeley-Tulane Initiative on Vulnerable Populations.

Abstract
Having   invaded   Iraq without   UN   Security Council   authorization,  the  United  States
was  unable  to convince  many   countries  to take a meaningful   role in helping Iraq  deal
with  its violent past. Always   insisting that it would  go  it alone, the  United  States
implemented accountability measures without properly consulting the Iraqi people.
Nor   did   the   United   States  access   assistance  from the United Nations and
international  human rights organizations, all of which possess considerable knowledge
and  experience   of a wide  range   of transitional justice mechanisms. In the end, the
accountability   measures introduced by the Americans either backfired or were
hopelessly flawed.  What   are needed  in Iraq are  a secure environment and a legitimate
authority  to implement a comprehensive transitional justice strategy that reflects the
needs  and  priorities of a wide  range  of Iraqis. Such a  strategy should  contain  several
measures,   including prosecutions,   reparations, a  balanced  approach   to vetting, truth-
seeking  mechanisms and institutional reform.


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