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Defeat of the Sovereign Immunity Defense for Crimes of Genocide and the Trials of Slobodan Milosevic and Saddam Hussein

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Michael J. Kelly

This work tracks two dynamics: the evolution of genocide into an international crime and the erosion of sovereign immunity as a defense to prosecution. Both dynamics meet in the trials of Slobodan Milosevic for the Bosnian genocide at Srebrenica and Saddam Hussein for the Kurdish and Marsh Arab genocides. While one despot meets his fate before an international tribunal, the other will face justice before a domestic court of his own countrymen. Neither can hide behind the shield of sovereignty – dictators now have nowhere to hide.