Supreme Iraqi Criminal Tribunal
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The Supreme Iraqi Criminal Tribunal (formerly known as the Iraqi 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.
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 [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 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 has declared it will adhere to standards of international law in compliance with the sovereign law of Iraq.
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[edit] Judges
The Tribunal follows the inquisitorial system 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:
- Rizgar Mohammed Amin was presiding judge of the Trial Chamber until 2006-01-23 when he quit citing government interference [1]
- Rauf Rashid Abd al-Rahman, 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 Party [2] which made him ineligible to be a judge.
- Raed al-Juhi, the tribunal's Chief Investigative Judge
- Barwize Mohammed Mahmoud al-Merani, an investigative judge who was shot dead on 2005-03-02 [3]
[edit] Jurisdiction
The tribunal has jurisdiction over any Iraqi national or resident accused of the following crimes:
- Genocide
- Crimes against humanity
- War crimes
- Manipulating the judiciary
- Squandering national resources
- The use of armed force against an Arab country [4] [5]
These crimes must have been committed:
- After the coup by Ahmed Hassan al-Bakr on July 17, 1968
- Before May 1, 2003 which was after the invasion of Iraq that brought an end to the rule of Saddam Hussein.
[edit] 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 trial without undue delay, appointing counsel of your own chosing, calling witnesses and the right to remain silent.
[edit] 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 tribunals.
[edit] Current investigations
[edit] Dujail Trial
Since October 2005 the tribunal has been trying eight people who are accused of crimes against humanity in a massacre of 143 Shiites in Dujail. The defendants include:
- Saddam Hussein, former President of Iraq
- Barzan Ibrahim al-Tikriti, Hussein's half-brother and former chief of intelligence
- Taha Yassin Ramadan, former Vice-President
- Awad Hamed al-Bandar Al-S'adun, a former chief judge
At Saddam Hussein's initial arraignment he was also accused of:
- the killing of religious figures in 1974;
- the Halabja poison gas attack;
- the killing of Kurds in 1983;
- killing members of political parties;
- displacing Kurds in the mid 1980's;
- suppressing Kurdish and Shiite uprisings in 1991; and
- the invasion of Kuwait.
On November 5th, 2006, Saddam Hussein was found guilty of all charges and was sentenced to death by hanging. He received an automatic appeal. If the guilty verdict is upheld, the penalty must be carried out within thirty days, according to Iraqi law.
[edit] Al-Anfal
The Special Tribunal is investigating the crimes of Al-Anfal 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, and crimes against Faili Kurds, 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 concerning the events of 1991.
The judges also questioned these persons concerning the use of chemical weapons in the al-Anfal Campaign:
- Saber Abd Al-Aziz Aldori
- Sultan Hashim Ahmed
- Ali Hassan Al-Majeed[7]
The judges questioned these persons on various events:
- Awad Hamed Al-Bander about religious oppression and crimes in Balad, Iraq;
- Abd Al-Ghany Abd Al- Ghafoor about religious oppression and crimes in Balad, Iraq;
- Mahmood Faizi Al-Hazaa about the Jomaa crime in Al-Emara city in 1999;
- Hashim Hassan Al-Majeed;
- Hassan Azeba Al-Ubaidi;
[edit] General Director
The tribunal was initially led by Salem Chalabi 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. [9] 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.
[edit] Opinions
Many international human-rights law groups have opposed the Tribunal (pro-American voices have said this is 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. [citation needed]
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 European voices have said that Saddam should appear before the International Criminal Court in The Hague, Amsterdam. [citation needed]
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. [citation needed] International legal experts argued for Saddam to be tried outside the country as it is believed that he will not receive a fair trial under inexperienced judges who have been long standing enemies of him and his regime. 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." [10]
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. [11]
Although officials had asked for the judge's name to be kept secret, allegedly to protect him from retribution [12], 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. [citation needed]
[edit] 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 modifed by the Iraqi government.
