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Iraq to Set Up War Crimes Tribunal
The Scotsman ^ | 12-6-03

Posted on 12/05/2003 8:57:39 PM PST by not_breaking_news

Saddam Hussein and hundreds of his aides could go on trial for crimes against humanity and genocide, in an Iraqi-led tribunal that will be established in the coming days.

Some human rights groups criticised the plans, saying Iraq’s US occupiers had too much of a hand in them and that Iraqi judges and prosecutors might not have the experience needed to try the cases.

The law creating the tribunal – which could be passed as early as tomorrow – will be similar to proposals made in Washington in April, one member of Iraq’s Governing Council said. The law calls for Iraqi judges to hear cases presented by Iraqi lawyers, with international experts serving only as advisers.

That would be starkly different from United Nations-sponsored tribunals set up to consider war crimes in the former Yugoslavia and in Rwanda. In those cases, international judges and lawyers have argued and decided cases.

Two members of the Governing Council – Mahmoud Othman and Samir Shakir Mahmoud – told the Associated Press the tribunal would be created in the coming days, as did an official of the US-led occupation authority. The New York-based International Centre for Transitional Justice said its sources in the coalition authority said the tribunal could be established as early as tomorrow.

Othman said the tribunal would hear hundreds of cases involving members of the former regime.

“There will be more trials than only the 55 deck of cards,” he told AP, referring to the US list of most-wanted Iraqis. “Anybody against whom a complaint is filed with evidence against them could be tried.”

Already, thousands of relatives of the missing have filed complaints against members of the former regime. One group in Baghdad, the Iraqi Human Rights Society, took 7,000 complaints before the paperwork overwhelmed its staff.

The governing council has been discussing the war crimes tribunal law for months and it was not expected to encounter major opposition within the governing body. The US occupation authority, which has veto power over governing council decisions, also must sign off on the plan.

It remained unclear when the trials would begin. The coalition authority now holds at least 5,500 people in prisons, but it is not known how many of those are war crimes suspects and how many are accused of common crimes.

Those in custody include Ali Hassan al-Majid, known as Chemical Ali for his role in chemical attacks on Kurds in the 1980s; Saddam’s secretary, Abid Hamid Mahmud al-Tikriti; and Muhammad Hamza al-Zubaydi, a leader of 1991 suppression of the Shiite Muslim rebellion.

If Saddam himself is captured, he presumably would be tried by the special tribunal as well.

As evidence, prosecutors will use a growing cache of documents seized from the former regime. The coalition now has an estimated nine miles of paperwork, and Iraqi human rights groups and political parties have even more.

Evidence also will come from the excavation of mass graves that dot the Iraqi landscape. There are some 270 mass graves believed to hold at least 300,000 sets of remains. Forensic teams are expected to start excavating a few for evidence in late January, according to an AP investigation.

Human rights workers said the trials could include genocide cases – for a campaign against Kurds in northern Iraq in the 1980s, and for the draining of southern marshes in 1992 that drove many Shiites from their homes.

They also could include cases against former Iraqi officials for the massacres of Shiites and Kurds in 1991, when those communities rose up against Saddam at the end of the Gulf War.


TOPICS: Crime/Corruption; Culture/Society; Foreign Affairs; Miscellaneous; News/Current Events; War on Terror
KEYWORDS: crimes; iraq; iraqijustice; rebuildingiraq; tribunal; war; warcrimestribunal
I doubt what's stated in the fifth to last paragraph would work -- Saddam needs to be killed; not tried.
1 posted on 12/05/2003 8:57:40 PM PST by not_breaking_news
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To: not_breaking_news
Sub headline:

ACLU to sue in the International Court in the Hague, to stop this blatant violation of "World Human Rights".

2 posted on 12/05/2003 9:12:44 PM PST by BOBTHENAILER (One by one, in groups or whole armies.....we don't care how we getcha, but we will)
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To: not_breaking_news
I am sure that as compared to most courts in the region, the trials will be exemplars of fair justice, relatively speaking. And the beauty of it all, is that I assume the death penalty will be an option, since it ain't Europe.
3 posted on 12/05/2003 9:16:45 PM PST by Torie
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To: not_breaking_news
Some human rights groups criticised the plans, saying Iraq’s US occupiers had too much of a hand in them and that Iraqi judges and prosecutors might not have the experience needed to try the cases.

What are these people, Saddam supporters?

4 posted on 12/05/2003 9:29:14 PM PST by Mark17
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To: not_breaking_news
Some human rights groups criticised the plans, saying Iraq’s US occupiers had too much of a hand in them and that Iraqi judges and prosecutors might not have the experience needed to try the cases..
Amazing. What would they suggest ?
Saddam's courts - they have lots of experience :0
An EU court like the Milosevic farce going on now .. would take decades to deal with them all.
Go to the Nuremburg model - one thing they accomplished was a quick purge of the captured top dogs so a "mark" could be set - the bad guys are dead & gone, onward with the new. I suspect in today's PC environment the Nuremberg model wouldn't be acceptable, more's the pity.
5 posted on 12/05/2003 9:37:18 PM PST by 1066AD
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To: not_breaking_news
Some human rights groups criticised the plans, saying Iraq’s US occupiers had too much of a hand in them and that Iraqi judges and prosecutors might not have the experience needed to try the cases.

The law creating the tribunal – which could be passed as early as tomorrow – will be similar to proposals made in Washington in April, one member of Iraq’s Governing Council said. The law calls for Iraqi judges to hear cases presented by Iraqi lawyers, with international experts serving only as advisers.


Yeah, I can understand their concern... I mean, judges and lawyers conducting trials? Puh-lease! It's absurd!
6 posted on 12/05/2003 9:40:54 PM PST by Lunatic Fringe (I'm normally not a praying man, but if you're up there, please save me Superman.)
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To: not_breaking_news
Some human rights groups criticised the plans, saying Iraq’s US occupiers had too much of a hand in them and that Iraqi judges and prosecutors might not have the experience needed to try the cases

Gee, how mind boggling, the Iraqi's welcome the hand of their liberators as opposed to going hat in hand to the world community that voted to keep Saddam in power. Do you suppose these Iraqis might not trust that an international court would have justice in mind?

7 posted on 12/05/2003 9:52:33 PM PST by Dolphy
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To: not_breaking_news
If this trial goes on next year, during the 2004 election runup, it just might give GWB a bigger landslide than he already will get.
8 posted on 12/06/2003 3:49:08 AM PST by tkathy (The islamofascists and the democrats are trying to destroy this country)
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To: not_breaking_news
"Some human rights groups criticised the plans, saying Iraqi's US occupier had too much of a hand in them and that Iraqi judges and prosecutors might not have the experience needed to try cases."

Let the people of Iraq be the judge of that!
9 posted on 12/06/2003 10:44:49 AM PST by Arpege92
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