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Encyclopedia > Iraqi High Tribunal

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. Look up Genocide in Wiktionary, the free dictionary. ... This article is in need of attention. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ... Saddam Hussein Abd al-Majidida al-Tikriti (Arabic: ‎, [1]; born April 28, 1937[2]), was the President of Iraq from July 16, 1979 until April 9, 2003, when he was deposed during the United States-led invasion of Iraq. ... Baath Party flag The Arab Socialist Bath Party (also spelled Baath or Baath; Arabic: حزب البعث العربي الاشتراكي) was founded in 1945 as a radical, secular Arab nationalist political party. ...


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 Seal of the CPA in Iraq The Coalition Provisional Authority (CPA) was established as a transitional government following the invasion of Iraq by the United States, United Kingdom and the other members of the multinational coalition which was formed to oust the government of Saddam Hussein in 2003. ... The Iraqi Interim matt chokes on cock 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 30th, 2005. ... The Law of Administration for the State of Iraq for the Transitional Period is the current Iraqi constitution signed on March 8, 2004 by the Iraq Interim Governing Council. ...


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. Ali Hassan al-Majid Ali Hassan al-Majid (born 1941), is an Iraqi official and commander. ... Taha Yassin Ramadan (born 1938) was the Vice President of Iraq from March 1991 to the fall of Saddam Hussein in April 2003. ... Tariq Aziz, also Tareq Aziz (Arabic: طارق عزيز) (born 1936 in Tel Keppe, Iraq) was the Foreign Minister (1983–1991) and Deputy Prime Minister (1979–2003) of Iraq, and a close advisor of President Saddam Hussein for decades. ... Bath Party flag The Arab Socialist Bath Party (also spelled Baath or Baath; Arabic: حزب البعث العربي الاشتراكي) was founded in 1945 as a radical, left-wing, secular Arab nationalist political party. ...


The Tribunal has declared it will adhere to standards of international law in compliance with the sovereign law of Iraq.

Contents

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. An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... This article or section does not cite its references or sources. ...


Judges were initially appointed to a five-year term by the Iraqi Governing Council, in consultation with the Iraqi Judicial Council. The Iraqi Governing 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]

Rizgar Mohammed Amin (born 1958) is the chief judge in the Iraqi Special Tribunals Al-Dujail trial. ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ... January 23 is the 23rd day of the year in the Gregorian calendar. ... Rauf Rashid Abd al-Rahman is the current interim chief judge of the Iraqi Special Tribunals Al-Dujail trial. ... January 23 is the 23rd day of the year in the Gregorian calendar. ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ... Baath Party flag The Arab Socialist Bath Party (also spelled Baath or Baath; Arabic: حزب البعث العربي الاشتراكي) was founded in 1945 as a radical, secular Arab nationalist political party. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... March 2 is the 61st day of the year in the Gregorian Calendar (62nd in leap years). ...

Jurisdiction

The tribunal has jurisdiction over any Iraqi national or resident accused of the following crimes:

These crimes must have been committed: Look up Genocide in Wiktionary, the free dictionary. ... This article is in need of attention. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ... In law, the judiciary or judicature is the system of courts which administer justice in the name of the sovereign or state, and provide a mechanism for the resolution of disputes. ... The Arabs (Arabic: عرب) are a heterogenous ethnic group who are predominantly speakers of the Arabic language, mainly found throughout the Middle East and North Africa. ...

General Ahmed Hassan al-Bakr (Arabic أحمد حسن البكر) (July 1, 1914 - October 4, 1982), a member of Iraqs Sunni community, was President of Iraq from 1968 to 1979. ... July 17 is the 198th day (199th in leap years) of the year in the Gregorian calendar, with 167 days remaining. ... 1968 (MCMLXVIII) was a leap year starting on Monday (the link is to a full 1968 calendar). ... May 1 is the 121st day of the year in the Gregorian calendar (122nd in leap years). ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... This article regards the 2003 invasion of iraq. ... Saddam Hussein Abd al-Majidida al-Tikriti (Arabic: ‎, [1]; born April 28, 1937[2]), was the President of Iraq from July 16, 1979 until April 9, 2003, when he was deposed during the United States-led invasion of Iraq. ...

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.


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. Capital punishment, or the death penalty, is the execution of a convicted criminal by the State as punishment for crimes known as capital crimes or capital offenses. ... The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ...


Current investigations

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 during his first appearance before the Iraqi Special Tribunal Saddam Hussein, the former President of Iraq, was tried by the interim Iraqi government for crimes against humanity. ... Dujail (, Arabic الدجيل) is a small Shiite town in northern Iraq. ...

At Saddam Hussein's initial arraignment he was also accused of: Saddam Hussein Abd al-Majidida al-Tikriti (Arabic: ‎, [1]; born April 28, 1937[2]), was the President of Iraq from July 16, 1979 until April 9, 2003, when he was deposed during the United States-led invasion of Iraq. ... The President of Iraq is Iraqs head of state. ... Barzan Ibrahim al-Tikriti Barzan Ibrahim al-Tikriti is one of three half brothers of Saddam Hussein and former leader of the Iraqi secret service, Mukhabarat. ... Taha Yassin Ramadan (born 1938) was the Vice President of Iraq from March 1991 to the fall of Saddam Hussein in April 2003. ... Awad Hamed al-Bandar (عوض حامد البندر) (also: Awad Hamed Bader Alsadoon) was an Iraqi chief judge under Saddam Husseins presidency. ...

  • 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 recieves an automatic appeal. If the guilty verdict is upheld, the penalty must be carried out within thirty days, according to Iraqi law. Photo said to have been taken in the aftermath of the attack. ... Kurds are one of the Iranian peoples and speak Kurdish, a north-Western Iranian language related to Persian. ... At the break of dawn on August 2, 1990, Iraqi troops crossed the Kuwait border with armor and infantry, occupying strategic posts throughout the country, including the Emirs palace. ...


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: Surat al-Anfal (Arabic: سورة الأنفال ) (the Spoils of War)[1] is the eighth chapter of the Quran, with 85 verses. ...

  • 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: Kirkuk city centre. ... The Kurds are an Iranian-speaking ethnic group who consider themselves to be indigenous to a region often referred to as Kurdistan, an area which includes adjacent parts of Iran, Iraq, Syria, and Turkey. ...

  • 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.

[6]


In late June the judges had investigated Tariq Aziz concerning the events of 1991. Tariq Aziz, also Tareq Aziz (Arabic: طارق عزيز) (born 1936 in Tel Keppe, Iraq) was the Foreign Minister (1983–1991) and Deputy Prime Minister (1979–2003) of Iraq, and a close advisor of President Saddam Hussein for decades. ...


The judges also questioned these persons concerning the use of chemical weapons in the al-Anfal Campaign: Excavating the skeletons of Kurds killed at the Al-Anfal Campaign. ...

The judges questioned these persons on various events: Lt. ...

  • 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;

[8] Balad (Arabic: بلد) is a city 50 miles (80 kilometres) north of Baghdad in Iraq. ... Balad (Arabic: بلد) is a city 50 miles (80 kilometres) north of Baghdad in Iraq. ...


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. Salem J. Chalabi was 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. ... Ahmed Chalabi Ahmed Abdel Hadi Chalabi, Ph. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... September 19 is the 262nd day of the year (263rd in leap years). ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ... Iyad Allawi Dr. Iyad Allawi (Arabic: ) (born 1945) is an Iraqi politician, and was the interim Prime Minister of Iraq prior to Iraqs 2005 legislative elections. ... October 4 is the 277th day of the year (278th in leap years) in the Gregorian Calendar. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Ammar al-Bakri is 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 4th, 2004. ...


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] Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ...


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] Robert Fisk during a lecture at Carleton University, Canada, 2004 Robert Fisk (born 1946, Maidstone, Kent) is a British journalist, currently Middle East correspondent for the British newspaper The Independent. ... Muqtada al-Sadr Muqtada al-Sadr (Arabic: مقتدى الصدر, also transliterated as Moqtada Alsadr) (b. ... Iraqi militants celebrating orders being given to the surrounding Coalition forces to stand down, Fallujah, May 1 2004. ... L. Paul Bremer Lewis Paul Bremer III, also known as Jerry Bremer, (born September 30, 1941) was named Director of Reconstruction and Humanitarian Assistance for post-war Iraq following the 2003 invasion of Iraq to replace Jay Garner on May 6, 2003. ...


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] The Independent is a British compact newspaper published by Tony OReillys Independent News & Media. ... Anthony Charles Lynton Blair (born 6 May 1953)[1] is the Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service, Leader of the UK Labour Party, and Member of the UK Parliament for the constituency of Sedgefield in North East England. ...


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. L. Paul Bremer Lewis Paul Bremer III, also known as Jerry Bremer, (born September 30, 1941) was named Director of Reconstruction and Humanitarian Assistance for post-war Iraq following the 2003 invasion of Iraq to replace Jay Garner on May 6, 2003. ...


See also

This article regards the 2003 invasion of iraq. ... The Süddeutsche Zeitung announces The Verdict in Nuremberg. ...

External links


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