Iraqi Special Tribunal

The Iraq Special Tribunal is a body established under Iraqi national law to try Iraqi nationals or residents accused of genocide, crimes against humanity, war crimes or other serious crimes committed between 1968 and 2003. It is organising the trial of Saddam Hussein and other members of his Baath Party regime.

Related Topics:
Iraq - Genocide - Crimes against humanity - War crimes - Saddam Hussein - Baath Party

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The Tribunal was set up by a specific Statute issued under the Coalition Provisional Authority and now reaffirmed under the jurisdiction of the Iraqi Interim Government. The Transitional Administrative Law promulgated by the Iraq Governing Council before the restoration of Iraqi sovereignty preserves and continues the Iraq Special Tribunal Statute in force and effect.

Related Topics:
Coalition Provisional Authority - Iraqi Interim Government - Transitional Administrative Law

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The Tribunal is responsible for the trial of Saddam Hussein, Ali Hassan al-Majid (also known as "Chemical Ali"), former Vice President Taha Yassin Ramadan, former deputy Prime Minister Tariq Aziz and other former senior officials in the deposed Ba'athist regime. The Tribunal follows standard Iraqi custom in applying the Continental or Civil law system, in which crimes are investigated by Tribunal Investigative Judges rather than police officers, and trials will be heard before panels of five Trial Judges, rather than the Anglo-American common law jury. One of the Tribunal Investigative Judges is Ra?id Juhi, who was also a judge under the Baathist regime, and who arraigned Saddam Hussein and eleven other defendants in July 2004. The arraignments, which were nothing more than confirming the identities of the defendants and informing them that they were the subjects of formal criminal investigation by the Tribunal, became necessary upon the transition and transfer of sovereignty to the Iraqi Interim Government. Iraqi court proceeedings thereby became the formal domestic legal basis for detaining the defendants rather than any military necessity.

Related Topics:
Ali Hassan al-Majid - Taha Yassin Ramadan - Tariq Aziz - Ba'athist - Ra?id Juhi

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The Tribunal has declared it will adhere to standards of international law in compliance with the sovereign law of Iraq. Many international human-rights law groups have opposed the Tribunal, primarily because they felt excluded from the process of its creation, they had wished to see international (non-Iraqi) lawyers empaneled on the Tribunal, and they also object to the availability of the death penalty under Iraqi law. The longstanding principle of international law, however, has been to rely first on the domestic national court capability of a country before turning to the extraordinary creation of international tribunals. The Iraqis as well view the Tribunal as a matter of pride and sovereignty and it shows that they can govern and judge themselves. Following the re-introduction of capital punishment, the Iraqi interim PM Iyad Allawi gave assurances that he would not interfere with the trial and would accept any court decisions, although some of his comments are open to mis-interpretation: "As for the execution, that is for the court to decide ? so long as a decision is reached impartially and fairly." http://www.abcnews.go.com/wire/World/ap20040706_164.html

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According to British journalist Robert Fisk, the judge, Ra?id Juhi, had indicted Moqtada al-Sadr of murder in April 2004, an important event in the growing Iraqi insurgency. After working as a translator, Juhi was appointed by Paul Bremer. Juhi, 33, is a Shia Muslim and had served for a decade as a judge under Saddam Hussein. http://www.counterpunch.org/fisk07022004.html

Related Topics:
Robert Fisk - Moqtada al-Sadr - Iraqi insurgency - Paul Bremer

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Although officials had asked for the judge's name to be kept secret, allegedly to protect him from retribution http://www.mercurynews.com/mld/mercurynews/news/world/9063483.htm?1c, it was widely reported in the Arabic press, including newspapers in Baghdad. The only Western newspaper to refuse this kind of self-censorship was the British The Independent and was criticised by Tony Blair's government as a result. Ra'id Juhi had also given interviews and posed for pictures in the context of the Moqtada al-Sadr indictment.

Related Topics:
The Independent - Tony Blair

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