A Criação do Tribunal Penal do Iraque, A Justiça dos Vencedores e a Participação Estratégica dos Estados Unidos

Abstract

This article examines the influence of the United States in the creation of the Iraqi Special Tribunal and its strategy to challenge the international penal regime centered on the International Criminal Court (ICC). It discusses how the US, leveraging its position as an occupying force in Iraq, imposed a new tribunal model with limited international participation, diverging from established justice standards, and allowing considerable political influence over its structure and functioning, institutionally reflecting the principle of victor's justice. Through a documentary analysis and review of existing literature, the article investigates and concludes that the creation of the Iraqi tribunal played a central role in the US strategy to promote hybrid courts as an alternative to the ICC-centered regime, as well as discussing its impact on the pursuit of post-war justice in Iraq.