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Topic: Iraqi Special Tribunal


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  Building the Iraqi Special Tribunal by Laurel Miller: Special Reports: U.S. Institute of Peace
On December 10, 2003, the Iraqi Governing Council adopted the "Statute of the Iraqi Special Tribunal," providing the legal foundation and laying out the jurisdiction and basic structure for the Tribunal that will be responsible for prosecuting acts of genocide, crimes against humanity, and war crimes committed in Iraq between 1968 and 2003.
As noted above, the IST Statute permits the Governing Council to appoint non-Iraqis as judges, and requires the appointment of non-Iraqis to serve in “advisory capacities” or as “observers” to the Trial and Appeals Chambers, to the investigative judges, and to the prosecutors.
Though the IST judges have the authority under the Statute to decide upon the rules of procedure and evidence, it will be important for them to consult with the investigative judges, prosecutors, defense bar, and administrative arm of the tribunal in developing the rules.
www.usip.org /pubs/specialreports/sr122.html   (6833 words)

  
 Judge, Lawyer on Saddam Tribunal Killed
Gunmen killed a judge and lawyer working for the tribunal that will try Saddam Hussein and members of his former regime, a day after the secret court referred five of the ousted dictator's aides to trial for alleged crimes against humanity, officials and a relative of the slain men said Wednesday.
Iraqis perceived as collaborating with U.S. and the government are targeted relentlessly.
Judges and other legal staff working at the court have not even been identified in public because of concerns for their safety, and tribunal officials have kept a low-profile for the same reason, even refusing to say where the court is located.
www.infowars.com /articles/iraq/saddam_tribunal_judge_killed.htm   (855 words)

  
 Iraqi Special Tribunal to Try Crimes Against Humanity
The U.S.-appointed Iraqi Governing Council approved a statute [HRCR] establishing the Iraqi Special Tribunal for Crimes Against Humanity on December 10, 2003.
Following the Iraqi Transitional National Assembly election on January 30, 2005, the Iraqi Transitional Government was established on May 3, 2005.
The Iraqi Special Tribunal is designed to prosecute those accused of crimes against humanity, war crimes and genocide in Iraq between July 17, 1968, when Saddam Hussein’s Ba’ath Party seized power, and May 1, 2003, when President Bush declared that major combat operations in Iraq were over.
www.hrcr.org /hottopics/iraqitribunal.html   (811 words)

  
 Human Rights First | International Justice Program - Give Hussein Due Process (Fiona McKay op-ed)
One way to ensure independence is for the tribunals to require the inclusion of international judges, prosecutors and investigators, much like the special tribunal in Sierra Leone, which is now trying those who directed brutal human-rights violations during that country's civil war.
One way of bolstering the tribunal is to involve, in particular, countries with direct experience investigating and trying crimes against humanity, war crimes and genocide in other countries.
The tribunal will face the ongoing challenge of winning and keeping the confidence of Iraqis from all sectors, as well as non-Iraqis affected by the abuses of Hussein and his regime.
www.humanrightsfirst.org /international_justice/op_ed/mckay_oped.htm   (725 words)

  
 The War on Law Itself - International Justice - Global Policy Forum
This illegitimacy is based first and foremost on the fact that the tribunal was created by a decree of the occupying power from among judges that have been vetted for their political allegiance to those same powers when courts and judges already existed in Iraq.
If it is found that the situation in Iraqi is the result of an illegal use of force then the aggressor must restore the situation to that which it was before the illegal act of aggression.
To put the leaders of the Iraqi people on trial when the aggressors against the Iraqis are not held responsible for their actions is the worst kind of vengeance.
www.globalpolicy.org /intljustice/tribunals/iraq/2005/0224warlaw.htm   (1596 words)

  
 Iraqi Special Tribunal Law, Dec. 10, 2003 -- Prevent Genocide International
The Statute of the Iraqi Special Tribunal, December 10, 2003
The role of the non-Iraqi nationals and observers shall be to provide assistance to the prosecutors of the Tribunal with respect to the investigations and prosecution of cases covered by this Statute (whether in an international context or otherwise), and to monitor the performance of the Prosecutor.
The expenses of the Tribunal shall be borne by the regular budget of the Government of Iraq.
www.preventgenocide.org /law/domestic/iraqispecialtribunal.htm   (5923 words)

  
 Iraq: Iraqi Special Tribunal - fair trials not guaranteed - Amnesty International   (Site not responding. Last check: 2007-11-02)
AI stressed the importance of ensuring that the tribunal was competent, impartial and independent and that suspects were pursued solely on the basis of the evidence against them and through a fair process.
Many of those involved in the Tribunal have benefited from training programmes by various institutions, which drew on the experience of other special tribunals and increased their understanding of the development of international law on crimes under the jurisdiction of the Tribunal.
Article 5 (f)(3) of the Tribunal Statute states that "The decision to disqualify the President shall be taken by the Governing Council or the Successor Government." The possibility of misuse of this provision is of particular concern with regard to the President because he or she can be removed by a political body.
web.amnesty.org /library/Index/ENGMDE140072005?open&of=ENG-IRQ   (13672 words)

  
 Briefing Paper: The Iraqi Special Tribunal (Human Rights Watch, April 22, 2005)   (Site not responding. Last check: 2007-11-02)
Only through fair trials: can the Iraqi people as well as people worldwide know the true nature of those crimes; can there be justice for the victims and their families; and can Iraq help to ensure that the brutal crimes of the past regime are never repeated.
Human Rights Watch has separately expressed its concerns with the Statute of the Iraqi Special Tribunal (“the Statute”) in a memorandum issued in December 2003 (see “Memorandum to the Iraqi Governing Council on ‘The Statute of the Iraqi Special Tribunal’”).
Iraqi Special Tribunal Rule 46 provides for a right to counsel and to be informed of the right to remain silent, but only upon questioning by a Tribunal investigative judge.
hrw.org /english/docs/2005/04/22/iraq10533_txt.htm   (988 words)

  
 "Iraqi Special Tribunal" a mistake, says international law expert
Under cover of supporting "home rule," Iraqis would be denied the opportunity to rebuild their country with the active participation and financing of the international community.
A tribunal backed by the Security Council could be staffed with Iraqis as well as jurists from other Arab nations and have its seat either in Iraq or a neighboring country.
The risk of the Special Tribunal process falling apart for lack of resources, ineffective security or other reasons is substantial.
news-info.wustl.edu /news/page/normal/603.html   (601 words)

  
 The Iraqi Special Tribunal (Iraq War Crimes Tribunal) - SourceWatch
The law calls for Iraqi judges to hear cases presented by Iraqi lawyers, with international experts serving only as advisers, [which] would be starkly different from United Nations-sponsored tribunals set up to consider war crimes in the former Yugoslavia and in Rwanda.
The tribunal will use a combination of laws, according to people who have seen a draft of the plan, including the Iraqi penal code of 1969 and the Iraqi criminal code of 1971.
The Special Tribunal's statutes also do not contain explicit guarantees against the use of confessions extracted under torture, or a requirement that guilt be proven beyond reasonable doubt, the rights organisation said." [2]
www.sourcewatch.org /index.php?title=Iraq_War_Crimes_Tribunal   (718 words)

  
 The Iraq Tribunal: Trying Saddam Hussein and Other Top Baath Leaders - Global Policy Forum - International Justice
The Iraq Special Tribunal replaced the chief judge in the genocide trial of former ruler Saddam Hussein, reportedly at the behest of Prime Minister Nouri al-Maliki’s cabinet.
Iraqi parliamentarians called for the dismissal of Judge Rizgar Amin and his successor Judge Saeed al-Hammashi, creating the appearance of a court that is “continually subjected to political interference.” The absence of two of the five judges who have heard witness testimony further damages the integrity of the trial.
It alleges that tribunal officials have violated international law by denying Saddam Hussein access to his lawyers, and further denounces the legitimacy of the court on the basis that the US-led invasion was illegal.
www.globalpolicy.org /intljustice/iraqindex.htm   (3818 words)

  
 Saddam's First Trial
Unlike the previous war criminal trials conducted by international tribunals, Saddam is facing a tribunal of his people.
Ironically, the Iraqi tribunal, funded and supported by the United States that ousted the leader, was formed by the Iraqi government consisting largely of Shiite and Kurd groups who had once been victims of Saddam's oppression.
The Iraqi Special Tribunal, created in 2003, appears to be operating under its own set of rules — half-heartedly embracing international laws while upholding some old Iraqi laws.
uniorb.com /RCHECK/trial.htm   (1026 words)

  
 Is the Iraqi Special Tribunal and the case against the former Iraqi dictator credible? International law expert ...
Is the Iraqi Special Tribunal and the case against the former Iraqi dictator credible?
On July 18, 2005, Raid Juhi, chief investigative judge, announced that he had ended his investigation of a case relating to the 1982 killing of as many as 150 residents of the village of Dujail, northeast of Baghdad, and was referring the case against Hussein and other accused to a trial chamber.
Others have argued that the IST will be effective and fair in carrying out trials because the judges have been 'carefully vetted,' and free from outside political interference.
news-info.wustl.edu /news/page/normal/5616.html   (713 words)

  
 Iraqi Special Tribunal denies rumor of murder enquiry   (Site not responding. Last check: 2007-11-02)
New York (KurdishMedia.com) 04 August 2004: In a statement supplied to KurdishMedia.com by the Iraqi Special Tribunal on 3 August 2004, Salem Chalabi, the executive director of the tribunal, denied the Los Angeles Times’ report that there is a murder enquiry contending that Mr.
The tribunal’s statement express outrage at these accusations and stated that they are a politicall-motivated attempt to discredit Mr.
Chalabi and the Iraqi Special Tribunal, which was established to try former Iraqi dictator Saddam Hussein and his Ba’athist co-conspirators.
www.kurdmedia.com /news.asp?id=5333   (347 words)

  
 The Iraqi Special Tribunal: A lack of objectivity concerns the victim nation (KurdishMedia.com)   (Site not responding. Last check: 2007-11-02)
The Iraqi Special Tribunal is a national tribunal that conforms with Iraqi laws from 1958, 1968, 1969, 1971, and 1979.
For Kurds, Arabic is the language of oppression, of the Anfal genocide, of Arabization, and of ethnic cleansing.
The setup of this tribunal is also meant to demonstrate harmony between the Iraqi ethnic groups, as the “democratization” process proclaims.
www.kurdmedia.com /articles.asp?id=13100   (1242 words)

  
 National Strategy for Victory in Iraq
We are helping the Iraqi Security Forces and the Iraqi government take territory out of enemy control (clear); keep and consolidate the influence of the Iraqi government afterwards (hold); and establish new local institutions that advance civil society and the rule of law in areas formerly under enemy influence and control (build).
Iraqi business leaders are decidedly optimistic about the growth of the economy as well as the growth of their own businesses.
Iraqis are now working to overcome this legacy, but their scarred history and rich diversity of religion, ethnicity, language, and experience requires sophisticated political arrangements to ensure that all Iraqis have a place in the new Iraq.
www.whitehouse.gov /infocus/iraq/iraq_strategy_nov2005.html   (12156 words)

  
 Can the Iraqi tribunal deliver justice for Saddam? -   (Site not responding. Last check: 2007-11-02)
The Iraqi Special Tribunal should ensure that it is not influenced by foreign powers.
The Iraqi Special Tribunal should issue a statement clarifying its rationale for its recent decision to evict the defendants and their lawyers from the courtroom.
According to international tribunals and human rights courts, the judges have the right to appoint lawyers for the defendants only when the proper administration of justice requires it.
www.aljazeera.com /me.asp?service_ID=10588   (1336 words)

  
 Transitional Justice Forum: Dissecting the Iraqi Special Tribunal
But "crimes against the peace" as such are not among the elements of the crimes listed in the statute of the IST itself.
Gary Bass is of course the author of Stay the Hand of Vengeance: The Politics of War Crimes Tribunals, the well-researched 2000 study of the history of attempts to establish post-conflict war-crimes courts from the days of Napoleon through the ICC.
He then notes the importance of the documentary record compiled by the Nuremberg Tribunal in Europe, and refers indirectly to the role that record played in educating subsequent generations of Germans to the nature of the vile acts that the Nazis had committed "in their name".
tj-forum.org /archives/001470.html   (1370 words)

  
 Saddam Hussein Trial, Iraqi Special Tribunal
The IST was established under The Statute of the Iraqi Special Tribunal to address war crimes, crimes against humanity, acts of genocide, and violations of certain other Iraqi laws committed between July 17, 1968, and May 1, 2003.
The Statute of the Iraqi Special Tribunal became effective Dec. 10, 2003, during which time Iraq was ruled by the Coalition Provisional Authority.
The Statute predates Iraq’s March 8, 2004, interim constitution, the June 28, 2004, transfer of authority to the Iraqi Governing Council, or the election of the interim National Assembly January 30, 2005.
www.cdi.org /news/law/saddam-trial-101905.cfm   (992 words)

  
 THE STATUTE OF THE SPECIAL TRIBUNAL
b) Iraqi candidates for permanent and reserve judges in the Trial Chambers need not be serving judges, and could be lawyers and jurists (who should also have the necessary experience and qualifications).  Judges in the Appeals Chamber must be serving or former judges.
The judges, investigative judges, prosecutors and the Director of the Administration Department shall be Iraqi nationals, except as provided for in Article 4(d).
The President of the Tribunal shall submit an annual report of the Tribunal to the Governing Council or the Successor Government.
www.cpa-iraq.org /human_rights/Statute.htm   (4951 words)

  
 Talk:Supreme Iraqi Criminal Tribunal - Wikipedia, the free encyclopedia
This is certainly an article which will be read frequently, and it deserves special attention to the various social and legal implications of the Tribunal (which is known under a different name now, the Iraqi High Criminal Court is the most frequent translation into English).
I strongly suggest this article is merged with that titled "Iraq Special Tribunal" and that it be cross-reference to the tribunal's new title, which is most commonly known as the High Iraqi Tribunal (HIT).
The Statute of the Iraqi Special Tribunal (IST Statute) was promulgated as an Order of the CPA on December 10, 2003 In early August 2005, the IST Statute was revoked by Iraq’s Transitional National Assembly, and replaced by a statute establishing the SICT
en.wikipedia.org /wiki/Talk:Iraqi_Special_Tribunal   (621 words)

  
 Supreme Iraqi Criminal Tribunal - Wikipedia, the free encyclopedia
On November 5th, 2006, Saddam Hussein was found guilty of all charges and was sentenced to death by hanging.
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.
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.
en.wikipedia.org /wiki/Iraqi_Special_Tribunal   (1439 words)

  
 Fact-O-Rama -- Iraqi Special Tribunal
As the new Iraqi government prepares to take custody of Saddam Hussein, arrangements for his trial before the Iraqi Special Tribune are under way.
It was designed to try Iraqi nationals and residents accused of genocide, crimes against humanity and war crimes under the Ba’ath Party’s rule from July 17, 1968, to the end of major combat in Iraq on May 1, 2003.
The tribunal is expected to examine some of the atrocities committed against Iraqi citizens under the Ba’athist regime.
www.cnsnews.com /Facts/2004/facts2004629.asp?Try=No   (208 words)

  
 Briefing Paper: The Iraqi Special Tribunal (Human Rights Watch, 22-4-2005)
If Iraq is to lay a foundation as a country committed to the rule of law and make a break from the abusive practices of the past regime, it is crucial that trials before the Iraqi Special Tribunal (“the Tribunal”) adhere to internationally recognized fair trial standards.
Memorandum to the Iraqi Governing Council on "The Statute of the Iraqi Special Tribunal"
Bureaucracy of Repression: The Iraqi Government in Its Own Words
www.hrw.org /english/docs/2005/04/22/iraq10533.htm   (989 words)

  
 Background Press Briefing on the Iraqi Special Tribunal for Saddam Hussein
A senior State Department official will be joined by a senior official from the National Security Council for a briefing "on background" on the Iraq Special Tribunal for Saddam Hussein scheduled for later this month.
The senior Department officials will discuss the Rule of Law re-established in Iraq, the process of the Iraqi Special Tribunal, and the charges filed against Saddam Hussein and seven other defendants.
External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein.
www.state.gov /r/pa/prs/ps/2005/54646.htm   (203 words)

  
 SSRN-Errors and Missteps: Key Lessons the Iraqi Special Tribunal Can Learn from the ICTY, ICTR and SCSL by Michael ...
In a few months, the trial of Saddam Hussein and other former Iraqi regime leaders will begin before the Iraqi Special Tribunal (IST).
The IST is a unique "internationalized-domestic tribunal" whose Statute and Rules of Procedure are modeled upon the UN-created Yugoslavia War Crimes Tribunal (ICTY), Rwanda Genocide Tribunal (ICTR), and the Special Court for Sierra Leone (SCSL), but whose judges are all Iraqis and whose courtroom is in Baghdad.
There is much the IST can learn both from the successes and missteps of the ICTY, ICTR, and SCSL; many of the issues that will arise in the trials of Saddam Hussein and other Ba'ath party leaders have been tested in the real-world judicial laboratory of the three ad hoc tribunals.
papers.ssrn.com /sol3/papers.cfm?abstract_id=804607   (331 words)

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