Source: (2005) Ohio State Journal on Dispute Resolution. 20: 527-562.
Following the U.S. invasion of Iraq in March 2003, U.S. forces captured Saddam Hussein (December 2003), and an interim Iraqi government took over power from the U.S. military (June 2004). As Daniel Hendy observes, the challenges facing the interim government are daunting. These include rebuilding the civilian and government infrastructure, maintaining peace, facilitating private business and a national economy, and developing and applying a number of important social policies. Hendy concentrates in this paper on one challenge in particular: the disposition of members of Saddam Hussein’s regime who were responsible for human rights abuses. How should the Iraqi people and government address those abuses and the people who perpetrated them? Hendy describes the human rights abuses under Hussein’s regime, discusses the nature and functioning of truth commissions, looks at other models of transitional justice, and explores the question of a truth commission as a practical solution in Iraq.
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