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St. Thomas Law Review

Authors

Margaret Sewell

First Page

365

Document Type

Article

Abstract

This paper will introduce the Iraqi regime and explore its use of chemical weapons against Iran during the Iran-Iraq War and the Kurdish population in northern Iraq. The effect of the Iraqi regime's use of chemical weapons against these individuals was debilitating, irreversible and, in some instances, is just recently coming to light. This paper will also set forth the relevant evidence that will be used in a prosecution of Hussein and his "most-wanted" associates. A vast array of data has been collected over the past two decades by the United States government, the United Nations and various non-governmental organizations, which can be used in a prosecution. The testimony of live witnesses who are still suffering from the effects of chemical weapons is the most persuasive evidence of the use of chemical weapons. Next, while it seems self-evident that the use of chemical weapons can be categorized as a crime, this paper will discuss the various treaties and international laws that can be used as grounds for prosecuting the Iraqi regime. In addition, this paper will discuss the fora available for such a prosecution, both international and domestic. Finally, this paper will conclude by reiterating that it is critical for the world community, in particular the United States, to prosecute Hussein and his regime for the use of chemical weapons.

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