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Published online by Cambridge University Press: 07 May 2025
The trial of Charles I in 1649 secured the historic gains of the English civil war – the supremacy of parliament, the independence of judges, individual freedom guaranteed by Magna Carta and the common law. From a modern perspective, it was the first war crimes trial of a head of state. The arguments in Westminster Hall resonate today in the courtrooms at the Hague and even in the Iraqi Special Tribunal – Saddam Hussein's opening words to his judge were, in translation, a paraphrase of those of Charles I: “By what power am I called hither… I would know by what authority, lawful I mean….”