Supreme Iraqi Criminal Tribunal
Encyclopedia
The Supreme Iraqi Criminal Tribunal (formerly Iraqi Special Tribunal) is a body established under Iraq
i 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 organized the trial of Saddam Hussein
and other members of his Ba'ath Party regime.
The Court was set up by a specific Statute issued under the Coalition Provisional Authority
and now reaffirmed under the jurisdiction of the Iraqi Interim Government
. In 2005 it was renamed after the constitution established that "Special or exceptional courts may not be established." The Transitional Administrative Law
(TAL) promulgated by the Iraq Governing Council before the restoration of Iraqi sovereignty preserves and continues the Iraq Special Tribunal Statute in force and effect.
The Court was 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.
which is standard in Iraq and uses investigative judges. Trials are heard before a panel of the five Trial Judges, who conduct hearings, pronounce judgements and impose the sentences, without using a jury
. There is also a separate Appeals Chamber, with nine judges, a prosecutions department and an administrative department. The statute of the court allows for international judges to be appointed on the request of the court and approval of the Council of Ministers, but none have yet been appointed.
Judges were initially appointed to a five-year term by the Iraqi Governing Council
, in consultation with the Iraqi Judicial Council.
For security reasons, the names of the judges were not initially released, but five judges' identities have since been disclosed:
The tribunal has jurisdiction over any Iraqi national or resident accused of the following crimes:
These crimes must have been committed:
without undue delay, appointing counsel of your own choosing, calling witnesses and the right to remain silent.
.
. The defendants included:
At Saddam Hussein's initial arraignment he was also accused of:
On November 5, 2006, Saddam Hussein was found guilty of all charges relating to the Dujail massacre and was sentenced to death by hanging. He received an automatic appeal. However, the appeal was rejected and the guilty sentence was upheld. It was ordered that he be executed within 30 days and he was executed by hanging on December 30, 2006.
in 1988 and during the 1991 uprising. The judges issued arrest warrants against these persons for crimes against Kurds in 1988:
The judges also issued arrest warrants against these persons for crimes in 1991:
In 2005 June the judges had investigated crimes in 1990, ethnic crimes in the city of Kirkuk
, and crimes against Faili Kurd
s, questioning these accused:
In late June the judges had investigated Tariq Aziz
concerning the events of 1991.
The judges also questioned these persons concerning the use of chemical weapons in the al-Anfal Campaign
:
The judges questioned these persons on various events:
On June 24, 2007, Ali Hassan al-Majid, Sultan Hashim Ahmed al-Tay, and Hussein Rashid Mohammed were sentenced to hang for their role in the Al-Anfal Campaign
against the Kurds. Two other former regime officials, Saber Abd Al-Aziz Aldori and Farhan Mutlaq Saleh were sentenced to life in prison. All charges against former governor of Mosul Taher Tawfiq Al-ani were dropped because of insufficient evidence.
Al-Majid would receive three more death sentences for other crimes: one for the 1991 suppression of a Shi'a uprising along with Abdul-Ghani Abdul Ghafur on December 2, 2008; one for the 1999 crackdown in the assassination of Grand Ayatollah Mohammad al-Sadr
on March 2, 2009; and lastly on January 17, 2010 for the gassing of the Kurds in 1988. Afterwards, he was hanged over a week later on January 25.
a former exile and relative of Ahmed Chalabi
. Critics pointed to Salem's lack of experience and close ties to Iraqi dissidents, questioning US motives in his appointment. However, as his uncle Ahmed Chalabi fell from US favour in August 2004, warrants were issed for their arrest while they were both out of Iraq. Some saw this as an attempt to remove them from Iraqi politics. On September 19, 2004 the New York Times quoted Iraqi interim Prime Minister Iyad Allawi
as saying that he had received Salem's resignation. http://www.nytimes.com/2004/09/19/international/middleeast/19saddam.html
Speculation immediately started on who would replace Salem; names mentioned include Taleb al-Zubaidi and Naim al-Oukaili. On October 4, 2004, the Iraqi National Council approved the nomination of Judge Ammar al-Bakri
, who became the new Administrator of the Special Tribunal - but was ousted in turn. The nine Appellate Judges have selected an eminent Iraqi jurist as President, who is the Tribunal's leader. Tribunal procedures are governed by the Rules of Procedure and Evidence and the Iraqi Criminal Procedural Code of 1971.
Other legal groups and the UN have protested that Saddam Hussein should have been arraigned before a UN court, similar to the International Criminal Tribunal for Rwanda in Arusha, Tanzania. Many have said that Saddam should have appeared before the International Criminal Court in The Hague, Netherlands. Some have criticized the United States for playing too great a role in the foundation, financing, and operation of the Tribunal.
The normal 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. Some Iraqis as well view the Tribunal as a matter of pride and sovereignty with the view that they can govern and judge themselves. International legal experts argued for Saddam to be tried outside the country as it was believed that he would not receive a fair trial under inexperienced judges who had been long standing enemies of him and his regime. Following the re-introduction of capital punishment
in August 2004, 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."
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.
Although officials had asked for the judge's name to be kept secret, allegedly to protect him from retribution, 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. Juhi was appointed Tribunal spokesperson in late 2005, even though he continues his duties as Chief Investigative Judge.
One emerging, critical issue to the mission of the Iraqi High Tribunal is that of women's human rights. Women occupy a uniquely vulnerable position in conflict, and the Iraqi High Tribunal is charged with prosecuting gender-based crimes within the Hussein regime. Historically, rape has proven a prolific problem in conflict, and in many Mid-East countries, including Iraq, such phenomena as honor crimes (the killing of rape victims by male family members in order to restore honor to the family name) inhibited gender justice. The Judges of the Iraqi High Tribunal have taken a pioneering interest in gender justice, requesting a training in fall of 2006 on international law tenets that protect women's human rights. Attorney Janet Benshoof of the Global Justice Center was among the legal authorities stressing the importance of upholding women's rights in future Iraqi High Tribunal decisions. The Judges proved very interested in protecting women's human rights in their future decisions, and have requested an amicus (friend of the court) brief from concerned attorneys and women's civil society organizations regarding future gender jurisprudence.
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
i national law to try Iraqi nationals or residents accused of genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, crimes against humanity, war crimes or other serious crimes committed between 1968 and 2003. It organized the trial of Saddam Hussein
Saddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
and other members of his Ba'ath Party regime.
The Court was set up by a specific Statute issued under the Coalition Provisional Authority
Coalition Provisional Authority
The Coalition Provisional Authority was established as a transitional government following the invasion of Iraq by the United States and its allies, members of the Multi-National Force – Iraq which was formed to oust the government of Saddam Hussein in 2003...
and now reaffirmed under the jurisdiction of the Iraqi Interim Government
Iraqi Interim Government
The Iraqi Interim Government was created by the United States and its coalition allies as a caretaker government to govern Iraq until the Iraqi Transitional Government was installed following the Iraqi National Assembly election conducted on January 30, 2005...
. In 2005 it was renamed after the constitution established that "Special or exceptional courts may not be established." The Transitional Administrative Law
Law of Administration for the State of Iraq for the Transitional Period
The Law of Administration for the State of Iraq for the Transitional Period , was Iraq's provisional constitution following the 2003 Iraq War. It was signed on March 8, 2004 by the Iraqi Governing Council...
(TAL) promulgated by the Iraq Governing Council before the restoration of Iraqi sovereignty preserves and continues the Iraq Special Tribunal Statute in force and effect.
The Court was responsible for the trial of Saddam Hussein, Ali Hassan al-Majid
Ali Hassan al-Majid
Ali Hassan Abd al-Majid al-Tikriti , , was a Ba'athist Iraqi Defense Minister, Interior Minister, military commander and chief of the Iraqi Intelligence Service...
(also known as "Chemical Ali"), former Vice President Taha Yassin Ramadan
Taha Yassin Ramadan
Taha Yasin Ramadan al-Jizrawi was a prominent Iraqi Kurd, serving as Vice President of Iraq from March 1991 to the fall of Saddam Hussein in April 2003....
, former deputy Prime Minister Tariq Aziz
Tariq Aziz
Tariq Aziz and Deputy Prime Minister of Iraq and a close advisor of former President Saddam Hussein. Their association began in the 1950s when both were activists for the then-banned Ba'ath Arab Socialist Party...
and other former senior officials in the deposed Ba'athist regime.
Judges
The Tribunal follows the inquisitorial systemInquisitorial system
An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense...
which is standard in Iraq and uses investigative judges. Trials are heard before a panel of the five Trial Judges, who conduct hearings, pronounce judgements and impose the sentences, without using a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. There is also a separate Appeals Chamber, with nine judges, a prosecutions department and an administrative department. The statute of the court allows for international judges to be appointed on the request of the court and approval of the Council of Ministers, but none have yet been appointed.
Judges were initially appointed to a five-year term by the Iraqi Governing Council
Iraqi Governing Council
The Iraqi Governing Council was the provisional government of Iraq from July 13, 2003 to June 1, 2004. It was established by and served under the United States-led Coalition Provisional Authority...
, in consultation with the Iraqi Judicial Council.
For security reasons, the names of the judges were not initially released, but five judges' identities have since been disclosed:
- Rizgar Mohammed Aminsho was presiding judge of the Trial Chamber until January 23, 2006 when he quit citing government interference
- Rauf Rashid Abd al-RahmanRauf Rashid Abd al-RahmanRauf Rashid Abd al-Rahman was the replacement chief judge of the Supreme Iraqi Criminal Tribunal's Al-Dujail trial of Saddam Hussein in 2006....
, the presiding judge of the Trial Chamber from January 23, 2006. - Said Hameesh, the deputy presiding judge, who was removed from the Tribunal after the De-baathification Commission found that he was a former member of the Baath PartyBaath PartyThe Arab Socialist Ba'ath Party was a political party mixing Arab nationalist and Arab socialist interests, opposed to Western imperialism, and calling for the renaissance or resurrection and unification of the Arab world into a single state. Ba'ath is also spelled Ba'th or Baath and means...
, which made him ineligible to be a judge. - Raed al-Juhi, Raid Juhi, Ra'id Juhi or Raid Juhi Alsaedi,(he is the same Judge and his name spill in these ways) the tribunal's Chief Investigative Judge
- Barwize Mohammed buddiga diagh digah Mahmoud al-Merani, an investigative judge who was fatally shot on March 2, 2006
Jurisdiction
اThe tribunal has jurisdiction over any Iraqi national or resident accused of the following crimes:
- GenocideGenocideGenocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
- Crimes against humanity
- War crimes
- Manipulating the judiciaryJudiciaryThe judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
- Squandering national resources
- The use of armed force against an ArabArabArab people, also known as Arabs , are a panethnicity primarily living in the Arab world, which is located in Western Asia and North Africa. They are identified as such on one or more of genealogical, linguistic, or cultural grounds, with tribal affiliations, and intra-tribal relationships playing...
country
These crimes must have been committed:
- After the coup by Ahmed Hassan al-BakrAhmed Hassan al-BakrGeneral Ahmed Hassan al-Bakr , was the fourth President of Iraq from 1968 to 1979.-Military career:...
on July 17, 1968 - Before May 1, 2003 which was after the invasion of Iraq2003 invasion of IraqThe 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
that brought an end to the rule of Saddam HusseinSaddam HusseinSaddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
.
Rights of the accused
The rights of the accused are set out in the Tribunal's statute and include the presumption of innocence, equality before the tribunal, a public trialPublic trial
Public trial or open trial is a trial open to public, as opposed to the secret trial. The term should not be confused with show trial.-United States:...
without undue delay, appointing counsel of your own choosing, calling witnesses and the right to remain silent.
Penalties
The tribunal must impose sentences in line with existing Iraqi law, which includes the death penalty. For crimes such as crimes against humanity which have no counterpart in Iraqi law, the statute says the trial chamber should take into consideration the gravity of the offense and sentences issued by international criminal tribunalsInternational court
International courts are formed by treaties between nations, or under the authority of an international organization such as the United Nations — this includes ad hoc tribunals and permanent institutions, but excludes any courts arising purely under national authority.Early examples of...
.
Dujail trial
From October 2005 till November 5, 2006, the tribunal had been trying eight people who were accused of crimes against humanity in a massacre of 148 Shiites in DujailDujail
Dujail is a small Shia town in the Salah ad Din Governorate. It is situated about north of Iraq's capital, Baghdad, and has approximately 10,000 inhabitants. It is the site of the 1982 Dujail Massacre....
. The defendants included:
- Saddam HusseinSaddam HusseinSaddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
, former President of IraqPresident of IraqThe President of Iraq is the head of state of Iraq and "safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution." The President is elected by the Council of...
(1937-2006) - Barzan Ibrahim al-TikritiBarzan Ibrahim al-TikritiBarzan Ibrahim al-Hasan al-Tikriti was one of three half-brothers of Saddam Hussein, and a leader of the Mukhabarat, the Iraqi intelligence service...
, Hussein's half-brother and former chief of intelligence (1951-2007) - Taha Yassin RamadanTaha Yassin RamadanTaha Yasin Ramadan al-Jizrawi was a prominent Iraqi Kurd, serving as Vice President of Iraq from March 1991 to the fall of Saddam Hussein in April 2003....
, former Vice-President (1938-2007) - Awad Hamed al-BandarAwad Hamed al-BandarAwad Hamad al-Bandar was an Iraqi chief judge under Saddam Hussein's presidency. He was the head of the Revolutionary Court which issued death sentences against 143 Dujail residents, in the aftermath of the failed assassination attempt on the president on July 8, 1982 Awad Hamad al-Bandar ...
Al-S'adun, a former chief judge (1945-2007)
At Saddam Hussein's initial arraignment he was also accused of:
- the killing of religious figures in 1974;
- the Halabja poison gas attackHalabja poison gas attackThe Halabja poison gas attack , also known as Halabja massacre or Bloody Friday, was a genocidal massacre against the Kurdish people that took place on March 16, 1988, during the closing days of the Iran–Iraq War, when chemical weapons were used by the Iraqi government forces in the Kurdish town of...
; - the killing of KurdKürdKürd or Kyurd or Kyurt may refer to:*Kürd Eldarbəyli, Azerbaijan*Kürd Mahrızlı, Azerbaijan*Kürd, Goychay, Azerbaijan*Kürd, Jalilabad, Azerbaijan*Kürd, Qabala, Azerbaijan*Qurdbayram, Azerbaijan...
s in 1983; - killing members of political parties;
- displacing Kurds in the mid 1980s;
- suppressing Kurdish and Shiite uprisings in 1991; and
- the invasion of KuwaitInvasion of KuwaitThe Invasion of Kuwait, also known as the Iraq-Kuwait War, was a major conflict between the Republic of Iraq and the State of Kuwait, which resulted in the seven-month long Iraqi occupation of Kuwait, which subsequently led to direct military intervention by United States-led forces in the Gulf...
.
On November 5, 2006, Saddam Hussein was found guilty of all charges relating to the Dujail massacre and was sentenced to death by hanging. He received an automatic appeal. However, the appeal was rejected and the guilty sentence was upheld. It was ordered that he be executed within 30 days and he was executed by hanging on December 30, 2006.
Al-Anfal
The Special Tribunal investigated the crimes of Al-AnfalAl-Anfal
Sura Al-Anfal is the eighth chapter of the Qur'an, with 75 verses. It is a Medinan sura, completed after theBattle of Badr. It forms a pair with the next sura, At-Tawba.-Badr:...
in 1988 and during the 1991 uprising. The judges issued arrest warrants against these persons for crimes against Kurds in 1988:
- Taher Tawfiq Al-ani
- Hussein Rasheed Mohammed
The judges also issued arrest warrants against these persons for crimes in 1991:
- Barzan Abdul Ghafoor
- Muzahim Sa`ab Al-Hassan
In 2005 June the judges had investigated crimes in 1990, ethnic crimes in the city of Kirkuk
Kirkuk
Kirkuk is a city in Iraq and the capital of Kirkuk Governorate.It is located in the Iraqi governorate of Kirkuk, north of the capital, Baghdad...
, and crimes against Faili Kurd
Kurdish people
The Kurdish people, or Kurds , are an Iranian people native to the Middle East, mostly inhabiting a region known as Kurdistan, which includes adjacent parts of Iran, Iraq, Syria, and Turkey...
s, questioning these accused:
- Aead Futaih Khaleefa for the 1990 events and crimes in Kirkuk;
- Muhsen Khedher Abass for the 1990 events;
- watban Ebraheem Al-Hassan for exiling and killing Ufaili Kurds.
- Mohammed Zemam Abd Al-Razaq for ethnic cleansing in Karkok;
- Barzan Ebraheem Al-Hassan for exiling and killing Ufaili Kurds;
- Lateef Nusaif Jassim for ethnic cleansing in Kirkuk.
In late June the judges had investigated Tariq Aziz
Tariq Aziz
Tariq Aziz and Deputy Prime Minister of Iraq and a close advisor of former President Saddam Hussein. Their association began in the 1950s when both were activists for the then-banned Ba'ath Arab Socialist Party...
concerning the events of 1991.
The judges also questioned these persons concerning the use of chemical weapons in the al-Anfal Campaign
Al-Anfal Campaign
The al-Anfal Campaign , also known as Operation Anfal or simply Anfal, was a genocidal campaign against the Kurdish people in Northern Iraq, led by the Iraqi regime of Saddam Hussein and headed by Ali Hassan al-Majid in the final stages of Iran-Iraq War...
:
- Saber Abd Al-Aziz Aldori
- Sultan Hashim Ahmed
- Ali Hassan al-MajidAli Hassan al-MajidAli Hassan Abd al-Majid al-Tikriti , , was a Ba'athist Iraqi Defense Minister, Interior Minister, military commander and chief of the Iraqi Intelligence Service...
(1941-2010)
The judges questioned these persons on various events:
- Awad Hamed al-BandarAwad Hamed al-BandarAwad Hamad al-Bandar was an Iraqi chief judge under Saddam Hussein's presidency. He was the head of the Revolutionary Court which issued death sentences against 143 Dujail residents, in the aftermath of the failed assassination attempt on the president on July 8, 1982 Awad Hamad al-Bandar ...
about religious oppression and crimes in Balad, IraqBalad, IraqBalad is a city north of Baghdad in the Salah ad Din Governorate Iraq. It is located within the borders of the so-called Sunni Triangle; however, Balad is a primarily Shiite town of approximately 100,000...
; - Abd Al-Ghany Abd Al- Ghafoor about religious oppression and crimes in Balad, IraqBalad, IraqBalad is a city north of Baghdad in the Salah ad Din Governorate Iraq. It is located within the borders of the so-called Sunni Triangle; however, Balad is a primarily Shiite town of approximately 100,000...
; - Mahmood Faizi Al-Hazaa about the Jomaa crime in Al-Emara city in 1999;
- Hashim Hassan Al-Majeed;
- Hassan Azeba Al-Ubaidi.
On June 24, 2007, Ali Hassan al-Majid, Sultan Hashim Ahmed al-Tay, and Hussein Rashid Mohammed were sentenced to hang for their role in the Al-Anfal Campaign
Al-Anfal Campaign
The al-Anfal Campaign , also known as Operation Anfal or simply Anfal, was a genocidal campaign against the Kurdish people in Northern Iraq, led by the Iraqi regime of Saddam Hussein and headed by Ali Hassan al-Majid in the final stages of Iran-Iraq War...
against the Kurds. Two other former regime officials, Saber Abd Al-Aziz Aldori and Farhan Mutlaq Saleh were sentenced to life in prison. All charges against former governor of Mosul Taher Tawfiq Al-ani were dropped because of insufficient evidence.
Al-Majid would receive three more death sentences for other crimes: one for the 1991 suppression of a Shi'a uprising along with Abdul-Ghani Abdul Ghafur on December 2, 2008; one for the 1999 crackdown in the assassination of Grand Ayatollah Mohammad al-Sadr
Mohammad Mohammad Sadeq al-Sadr
Grand Ayatollah Mohammad Mohammad Sadeq al-Sadr , often referred to as Muhammad Sadiq as-Sadr which is his father's name, was a prominent Iraqi Twelver Shi'a cleric of the rank of Grand Ayatollah. He called for government reform and the release of detained Shi'a leaders...
on March 2, 2009; and lastly on January 17, 2010 for the gassing of the Kurds in 1988. Afterwards, he was hanged over a week later on January 25.
General Director
The tribunal was initially led by Salem ChalabiSalem Chalabi
Salem Chalabi is an Iraq born, American educated, lawyer. He was appointed as the first General Director of the Iraqi Special Tribunal set up in 2003 to try Saddam Hussein and other members of his regime for crimes against humanity. His appointment, by an order signed by L...
a former exile and relative of Ahmed Chalabi
Ahmed Chalabi
Ahmed Abdel Hadi Chalabi is an Iraqi politician. He was interim oil minister in Iraq in April-May 2005 and December-January 2006 and deputy prime minister from May 2005 until May 2006. Chalabi failed to win a seat in parliament in the December 2005 elections, and when the new Iraqi cabinet was...
. Critics pointed to Salem's lack of experience and close ties to Iraqi dissidents, questioning US motives in his appointment. However, as his uncle Ahmed Chalabi fell from US favour in August 2004, warrants were issed for their arrest while they were both out of Iraq. Some saw this as an attempt to remove them from Iraqi politics. On September 19, 2004 the New York Times quoted Iraqi interim Prime Minister Iyad Allawi
Iyad Allawi
Ayad Allawi is an Iraqi politician, and was the interim Prime Minister of Iraq prior to Iraq's 2005 legislative elections. A prominent Iraqi political activist who lived in exile for almost 30 years, the politically secular Shia Muslim became a member of the Iraq Interim Governing Council, which...
as saying that he had received Salem's resignation. http://www.nytimes.com/2004/09/19/international/middleeast/19saddam.html
Speculation immediately started on who would replace Salem; names mentioned include Taleb al-Zubaidi and Naim al-Oukaili. On October 4, 2004, the Iraqi National Council approved the nomination of Judge Ammar al-Bakri
Ammar al-Bakri
Ammar al-Bakri is an Iraqi judge who was the administrator of the Iraqi Special Tribunal to rule over the trial of Saddam Hussein. Al-Bakri was approved by the Iraqi National Council on October 4, 2004....
, who became the new Administrator of the Special Tribunal - but was ousted in turn. The nine Appellate Judges have selected an eminent Iraqi jurist as President, who is the Tribunal's leader. Tribunal procedures are governed by the Rules of Procedure and Evidence and the Iraqi Criminal Procedural Code of 1971.
Controversy
Many international human-rights law groups have opposed the Tribunal; 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.Other legal groups and the UN have protested that Saddam Hussein should have been arraigned before a UN court, similar to the International Criminal Tribunal for Rwanda in Arusha, Tanzania. Many have said that Saddam should have appeared before the International Criminal Court in The Hague, Netherlands. Some have criticized the United States for playing too great a role in the foundation, financing, and operation of the Tribunal.
The normal 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. Some Iraqis as well view the Tribunal as a matter of pride and sovereignty with the view that they can govern and judge themselves. International legal experts argued for Saddam to be tried outside the country as it was believed that he would not receive a fair trial under inexperienced judges who had been long standing enemies of him and his regime. Following the re-introduction of capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in August 2004, 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."
According to British journalist Robert Fisk
Robert Fisk
Robert Fisk is an English writer and journalist from Maidstone, Kent. As Middle East correspondent of The Independent, he has primarily been based in Beirut for more than 30 years. He has published a number of books and has reported on the United States's war in Afghanistan and the same country's...
, the judge, Ra’id Juhi, had indicted Moqtada al-Sadr of murder in April 2004, an important event in the growing Iraqi insurgency
Iraqi insurgency
The Iraqi Resistance is composed of a diverse mix of militias, foreign fighters, all-Iraqi units or mixtures opposing the United States-led multinational force in Iraq and the post-2003 Iraqi government...
. 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.
Although officials had asked for the judge's name to be kept secret, allegedly to protect him from retribution, 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
The Independent
The Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
and was criticised by Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
'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. Juhi was appointed Tribunal spokesperson in late 2005, even though he continues his duties as Chief Investigative Judge.
Other legal issues
The Iraqi Special Tribunal also contains an official English translation of the Iraqi Criminal and Civil Code, which Paul Bremer decreed would be the operating legal code of Iraq until it is changed or modified by the Iraqi government.One emerging, critical issue to the mission of the Iraqi High Tribunal is that of women's human rights. Women occupy a uniquely vulnerable position in conflict, and the Iraqi High Tribunal is charged with prosecuting gender-based crimes within the Hussein regime. Historically, rape has proven a prolific problem in conflict, and in many Mid-East countries, including Iraq, such phenomena as honor crimes (the killing of rape victims by male family members in order to restore honor to the family name) inhibited gender justice. The Judges of the Iraqi High Tribunal have taken a pioneering interest in gender justice, requesting a training in fall of 2006 on international law tenets that protect women's human rights. Attorney Janet Benshoof of the Global Justice Center was among the legal authorities stressing the importance of upholding women's rights in future Iraqi High Tribunal decisions. The Judges proved very interested in protecting women's human rights in their future decisions, and have requested an amicus (friend of the court) brief from concerned attorneys and women's civil society organizations regarding future gender jurisprudence.
External links
- Statute of the Iraqi Special Tribunal December 2004
- Official website of the Iraqi Special Tribunal
- http://law.case.edu/saddamtrial Grotian Moment Webblog
- Statute of the Supreme Iraqi Criminal Tribunal October 2005