176 Mil. L. Rev. 96 (2003)
Sitting in the Dock of the Day: Applying Lessons Learned from the Prosecution of War Criminals and Other Bad Actors in Post-Conflict Iraq and Beyond

handle is hein.journals/milrv176 and id is 104 raw text is: MILITARY LAW REVIEW

[Vol. 176

SITTING IN THE DOCK OF THE DAY: APPLYING
LESSONS LEARNED FROM THE PROSECUTION OF
WAR CRIMINALS AND OTHER BAD ACTORS IN POST-
CONFLICT IRAQ AND BEYOND
MAJOR JEFFREY L. SPEARS1
Among free peoples who possess equality before the law we
must cultivate an affable temper and what is called loftiness of
spirit.2
I. Introduction
The history of Europe is a history of war. Mongols,3 Huns,4 Moors,5
Turks,6 Romans,7 and modem Europeans have fought and died throughout
1. Judge Advocate, United States Army. Presently assigned as Chief, Operational
and Administrative Law, 1st Cavalry Division, Fort Hood, Texas. LL.M. 2003, The Judge
Advocate General's School, United States Army; J.D. 1993, University of Kentucky; B.A.,
1990, The Centre College of Kentucky. Previous assignments include Post Judge Advo-
cate, The Judge Advocate General's School, 2000-2002; Chief of Justice and Special Assis-
tant United States Attorney in the Eastern District of Virginia (EDVA), Fort Lee, Virginia,
1999-2000; Chief of Claims and SAUSA, Fort Lee Area Claims Office, 1997-1999; Officer
in Charge and Trial Defense Counsel, Fort Lee Branch Office, United States Army Trial
Defense Service, 1996-1997; Officer in Charge and Trial Defense Counsel, Fort Eustis, Vir-
ginia Branch Office, United States Army Trial Defense Service, 1994-1996; Legal Assis-
tance Attorney and Officer in Charge of Fort Eustis Tax Assistance Program, 1994; Motor
Officer and Platoon Leader, 261st Ordnance Company (USAR), 1991-1993; Battalion Staff
Officer, 321st Ordnance Battalion (USAR), 1991; Kentucky Army National Guard, 1989-
1990. Member of the bars of Kentucky, the EDVA, the Court of Appeals for the Armed
Forces, and the Supreme Court of the United States. This article was submitted in partial
completion of the Master of Laws requirements of the 51st Judge Advocate Officer Grad-
uate Course.
2. CICERO, ON DUTIES 35 (M.T. Griffith & E.M. Atkins trans., Cambridge 1991).
3. 1 J.F.C. FULLER, A MILITARY HISTORY OF THE WESTERN WORLD 283 (1954).
4. Id. at 282.
5. The Christian Spanish and the Muslim Moors of predominately Berber and Arabic
descent battled for the control of Spain beginning in 912. The Moors held onto various
amounts of Spain until their ultimate defeat at Grenada in 1492. GEORGE C. KOHN, DIcrIo-
NARY OF WARS 437-39 (1987).
6. A particularly bloody series of engagements occurred in Transylvania beginning
in 1657 when the Transylvanians unsuccessfully attempted to throw off the rule of their
Turkish overlords. Id. at 470.

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