The analysis of what's gone wrong with the Iraqi tribunal must start there.
Yet it is hard to believe that the Iraqi tribunal could convincingly claim its authority from the international community.
But the Iraqi tribunal will remain in Iraq, and continuing violence may hamper its operation.
How can the Iraqi tribunal avoid the Göring problem?
The Iraqi Special Tribunal will rely on a mixture of international and domestic laws.
The first trial began before the Iraqi Special Tribunal on 19 October 2005.
He may also eventually join them on trial before the Iraqi Special Tribunal set up to try the top-ranking members of the old government.
But the administration's announced plans for justice - an Iraqi tribunal, supported by the United States - cannot accomplish the task.
Those would be the second and third trials of Mr. Hussein before an Iraqi special tribunal.
One emerging, critical issue to the mission of the Iraqi High Tribunal is that of women's human rights.