Supreme Iraqi Criminal Tribunal
Member State of the Arab League |
Constitution |
Iraq portal |
The Iraqi High Tribunal (IHT),
The court was set up by a specific statute issued under the
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.
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,[4][citation needed] but five judges' identities were subsequently disclosed:
- Rizgar Mohammed Amin, a Kurdish judge, was presiding judge of the Trial Chamber until 23 January 2006 when he quit citing government interference[5]
- Rauf Rashid Abd al-Rahman, the presiding judge of the Trial Chamber from 23 January 2006.
- Baath Party,[6]which made him ineligible to be a judge.
- Raed al-Juhi (also transliterated as Raid Juhi, Ra'id Juhi or Raid Juhi Alsaedi), the tribunal's Chief Investigative Judge.[citation needed]
- Barwize Mohammed Mahmoud al-Merani, an investigative judge who was fatally shot on 2 March 2006[7]
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
These crimes must have been committed:
- After the coup by Ahmed Hassan al-Bakr on 17 July 1968
- Before 1 May 2003 which was after the invasion of Iraq that brought an end to the rule of Saddam Hussein.
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 the defendant's own choosing, calling witnesses, and the right to remain silent.[citation needed]
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.
Investigations
Dujail trial
From October 2005 to 5 November 2006, the tribunal tried eight people who were accused of crimes against humanity in a massacre of 148 Shiites in Dujail. The defendants included:
- Saddam Hussein, former president of Iraq (1937–2006)
- Barzan Ibrahim al-Tikriti, Hussein's half-brother and former chief of intelligence (1951–2007)
- Taha Yassin Ramadan, former vice-president (1938–2007)
- Awad Hamed al-Bandar, a former chief judge (1945–2007)
- Abdullah Kadhem Roweed Al-Musheikhi(1925–2011)
- Ali Daeem Ali(1940–2015)
- Mohammed Azawi Ali(1943–2011)
- Mizher Abdullah Roweed Al-Musheikhi(1952)
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 Kurdsin 1983;
- killing members of political parties;
- displacing Kurds in the mid-1980s;
- suppressing Kurdish and Shiite uprisings in 1991; and
- the invasion of Kuwait.
On 5 November 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 30 December 2006.
Al-Anfal campaign
The Special Tribunal investigated the crimes of the
- 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 June 2005 the judges investigated crimes carried out in 1990, ethnic crimes in the city of
- Aead Futaih Khaleefa for the 1990 events and crimes in Kirkuk;
- Muhsen Khedher Abass for the 1990 events;
- Watban Ibrahim al-Tikritifor exiling and killing Ufaili Kurds.
- Mohammed Zemam Abd Al-Razaq for ethnic cleansing in Kirkuk;
- Barzan Ibrahim al-Tikriti 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
- Saber Abd Al-Aziz Aldori
- Sultan Hashim Ahmed
- Ali Hassan al-Majid (1941–2010)
The judges questioned these persons on various events:[12]
- Awad Hamed al-Bandar 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.
On 24 June 2007, Ali Hassan al-Majid, Sultan Hashim Ahmed al-Tay, and Hussein Rashid Mohammed were sentenced to hang for their role in the
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 2 December 2008;
General Director
The tribunal was initially led by
Controversies
Human Rights Watch's observed the Dujail trial and saw a number of serious shortcomings in how the Iraqi High Tribunal functioned. These include: 1) An almost complete lack of familiarity with international criminal law on the part of all Iraqi lawyers and judges involved in the trial; 2) Chaotic and inadequate administration which has given rise to major problems in performing basic administrative tasks necessary for a trial of this magnitude to run fairly; and 3) Such extensive use of anonymous witnesses that the defendants were deprived the right to contest the evidence against them.
— Human Rights Watch report on the flaws of Iraqi Special Tribunal, 22 June 2007[19]
The Iraqi High Tribunal was widely criticized for its methodical defects and its political dependency on the Iraqi government. One of its controversial acts included the sacking of its presiding judge in September 2006 by
Both within and outside Iraq, the trials by the
International legal experts[who?] 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 prime minister, 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 misinterpretation: "As for the execution, that is for the court to decide – so long as a decision is reached impartially and fairly."[26]
One of the judges, Ra’id Juhi, had indicted
Other legal issues
The Iraqi Special Tribunal also contains[clarification needed] 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 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.[29] 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.
See also
References
- ISSN 1478-1387.
- ^ "Law of the Supreme Iraqi Criminal Tribunal" (PDF). Official Gazette of the Republic of Iraq. 18 October 2005. Archived from the original (PDF) on 25 March 2009. Retrieved 13 August 2008.
Article 37, The Statute of the Iraqi Special Tribunal for Crimes Against Humanity, Law No. 1 of 2003, and the Rules of Procedure issued under Article 16 thereof shall be abolished with effect from the date of the coming into force of this Law
- ^ Laughland, John A history of political trials: from Charles I to Saddam Hussein, p.242
- ^ "MercuryNews.com | 07/02/2004 | for fledgling Iraqi tribunal, stakes high trying Saddam". Archived from the original on 12 October 2004. Retrieved 4 July 2004.
- ^ "'New chairman' for Saddam trial". BBC News. 16 January 2006. Retrieved 24 May 2010.
- ^ "New Saddam judge 'should resign'". BBC News. 18 January 2006. Retrieved 24 May 2010.
- ^ "CNN.com – Judge on Saddam tribunal killed – Mar 2, 2005". CNN. Archived from the original on 13 May 2006. Retrieved 23 May 2017.
- ^ "CPA-IRAQ.org: Homepage of The New Iraq – Information about the Iraqi Dinar". Cpa-iraqa.org. Retrieved 19 April 2017.
- ^ "Law of the Supreme Iraqi Criminal Tribunal",International Center for Transitional Justice
- ^ "Iraqi Special Tribunal : Home". Archived from the original on 2 May 2006. Retrieved 23 October 2005.
- ^ "Iraqispecialtribunal Business". Iraqispecialtribunal.org. Retrieved 19 April 2017.
- ^ "Iraqispecialtribunal Business". Iraqispecialtribunal.org. Retrieved 19 April 2017.
- ^ "Iraq's 'Chemical Ali' sentenced to death". Msnbc.msn.com. 24 June 2007. Archived from the original on 26 June 2007. Retrieved 19 April 2017.
- ^ Second death sentence for Iraq's 'Chemical Ali, MSNBC.com, 2 December 2008. Retrieved on 2 December 2008.
- ^ Iraq's 'Chemical Ali' gets 3rd death sentence, Associated Press, 2 March 2009. Retrieved on 17 January 2010.
- ^ 'Chemical Ali' gets a new death sentence, MSNBC.com, 17 January 2010. Retrieved on 17 January 2010.
- ^ "Saddam Hussein's Henchman Chemical Ali Executed". The Daily Telegraph. London. 25 January 2010. Retrieved 25 January 2010.
- ^ "Archived copy". The New York Times. Archived from the original on 28 May 2015. Retrieved 20 February 2017.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Q & A: The Anfal Trial". Human Rights Watch. 22 June 2007. Archived from the original on 1 October 2022.
- ^ "Iraq: Dujail Judgment Marred by Serious Flaws". Human Rights Watch. 21 June 2007. Archived from the original on 23 March 2023.
- ^ "Convictions in the Anfal Trial". Opinio Juris. 24 June 2007. Archived from the original on 14 August 2022.
- ^ "Q & A: The Anfal Trial". Human Rights Watch. 22 June 2007. Archived from the original on 1 October 2022.
- ^ Ashok, Abhinav (5 July 2020). "Iraq Under Saddam Hussein and His Flawed Trial". Legal Bites. Archived from the original on 11 June 2023.
- ^ "Iraq – Saddam's Road to Hell – A journey into the killing fields". PBS. Frontline. Retrieved 19 April 2017.
- ^ "Iraq: Dujail Judgment Marred by Serious Flaws". Human Rights Watch. 21 June 2007. Archived from the original on 23 March 2023.
- ^ "U.S. Airstrike on Fallujah House Kills 10". ABC News. Archived from the original on 20 August 2004. Retrieved 27 June 2013.
- ^ "'Bush freed us from Saddam, but he didn't finish the job'". The Irish Times. 21 March 2013. Retrieved 14 January 2022.
- ^ Fisk, Robert (1 July 2004). "Confused? Shadow of his old self? Hardly". The Independent. Archived from the original on 25 May 2022. Retrieved 11 January 2022.
- ^ "Iraq Report" (PDF). Global Justice Center. 5 March 2007. Archived from the original (PDF) on 26 September 2007. Retrieved 21 May 2007.