Facts about Iraqi Special Tribunal [IST]

self ^ | December 15, 2003 | self

[Notwithstanding]

The following is a summary of facts about the new tribunal that was circulated last week at a DoD school for DoD lawyers as an educational hand-out. I believe "CPA" stands for Coalition Provisional Authority, which right now is Ambassador Bremer. I post the contents of the hand-out verbatim:

Facts about Iraqi Special Tribunal [IST]

- created on 12/10/2003 by Iraqi Governing Council

- statue drafted by committee established by the Governing Council, advised by Coalition and other international law experts experienced with working with the tirbunals established to deal with atrocities in the former Yugoslavia, East Timor, and Sierra Leone

- Based in Baghdad

- The Governing Council will ensure it promulgates a dscription of the lements that will apply to the cirmes listed in the statute establishing the Tirbunal, and that these elements are consistent with Iqaqi law, as modified by CPA Orders, and international law.

- The Governing Council will ensure that the Tribunal meets, at a minimum, international standards of justice.

- The poers of the Tribunal, including but not limited to its sentencing poers, shall be consistent with Regulations, Orders, Memoranda, and Notices promulgated by the CPA.

- In the event of a conflict between any promulgations by the Governing Council or any ruling or judgment by the Tribunal and any promulgation of the CPA, the promulgation of the CPA shall prevail.

- Non-Iraqi nationals may be appointed as judges of the Special Tribunal.

- IST jurisdiction is over Iraqi nationals or residents of Iraq

- Jurisdiction over the following crimes committed between July 17, 1968 and May 1, 2003: crimes of genocide, crimes against humanity, war crimes, tampering with judiciary, waging war on an Arab state and squandering Iraqi assets

- Judges and prosecutors nominated by Council of Judges and appointed by Governing Council

- International judges maybe appointed by the Governing Council and follow on sovereign Iraqi Government to sit as participating judges and prosecute cases in the Tribunal

- The IST is based almost entirely on international law. The IST incorporates Iraq's substantive international legal obligations into a domestic court for accountability purposes. Iraq has signed and ratified international treaties - such as the Genocide Convention, International Covenant on Civil and Political Rights and the Geneva Conventions, and is also bound by customary international law on crimes against humanity, and other violations of the laws of war.

- International law also forms the basis of the provisions on individual criminal responsibility, and due process rights.

- The IST plans to hold conferences to further develop rules of procedure and to provide technical advice to the tribunal and intends to invite representatives from the UN and independent, international experts to be part of this effort.

- President of IST and Chief Investigative Judge to draft rules of procedure and evidence, using Iraq's existing criminal procedural law as guide.

- Appicable law includes the IST statute, IST rules of procedure and evidence, the Iraqi Criminal Code existing on July 16, 1968 and decisions of international courts and tribunals

- Available penalties prescribed by Iraqi law

- Defendants presumed innocent until proven guilty

- Defendants have the right to a fair and impartial public hearing, the right to be notified of the details of the charges, the right to legal assistance of his own chooosing, the right to confront witnesses against him and the right to not be compelled to testify against himself

- Free-of-chrage legal assistance for defendants unable to pay

- Non-iraqi advisors and observers will advise judges and prosecutors on international law and monitor the protection of general due process of law standards

- Funded from regular budget of Iraqi government with an additional $75 million from the U.S. government to fund investigation of former regime crimes

[ConservativeMan55]

Interesting Facts.........

[Notwithstanding]

This one being the most interesting to me:

The powers of the Tribunal, including but not limited to its sentencing poers, shall be consistent with Regulations, Orders, Memoranda, and Notices promulgated by the CPA.

[theDentist]

-Spent equivilent of $12 on a length of rope.

[Notwithstanding]

Once more, with my spelling errors cleaned up:

---

Facts about Iraqi Special Tribunal [IST]

- Created on 12/10/2003 by Iraqi Governing Council

- Statute drafted by committee established by the Governing Council, advised by Coalition and other international law experts experienced with working with the tribunals established to deal with atrocities in the former Yugoslavia, East Timor, and Sierra Leone

- Based in Baghdad

- The Governing Council will ensure it promulgates a description of the elements that will apply to the crimes listed in the statute establishing the Tribunal, and that these elements are consistent with Iraqi law, as modified by CPA Orders, and international law.

- The Governing Council will ensure that the Tribunal meets, at a minimum, international standards of justice.

- The powers of the Tribunal, including but not limited to its sentencing powers, shall be consistent with Regulations, Orders, Memoranda, and Notices promulgated by the CPA.

- In the event of a conflict between any promulgations by the Governing Council or any ruling or judgment by the Tribunal and any promulgation of the CPA, the promulgation of the CPA shall prevail.

- Non-Iraqi nationals may be appointed as judges of the Special Tribunal.

- IST jurisdiction is over Iraqi nationals or residents of Iraq

- Jurisdiction over the following crimes committed between July 17, 1968 and May 1, 2003: crimes of genocide, crimes against humanity, war crimes, tampering with judiciary, waging war on an Arab state and squandering Iraqi assets

- Judges and prosecutors nominated by Council of Judges and appointed by Governing Council

- International judges maybe appointed by the Governing Council and follow on sovereign Iraqi Government to sit as participating judges and prosecute cases in the Tribunal

- The IST is based almost entirely on international law. The IST incorporates Iraq's substantive international legal obligations into a domestic court for accountability purposes. Iraq has signed and ratified international treaties - such as the Genocide Convention, International Covenant on Civil and Political Rights and the Geneva Conventions, and is also bound by customary international law on crimes against humanity, and other violations of the laws of war.

- International law also forms the basis of the provisions on individual criminal responsibility, and due process rights.

- The IST plans to hold conferences to further develop rules of procedure and to provide technical advice to the tribunal and intends to invite representatives from the UN and independent, international experts to be part of this effort.

- President of IST and Chief Investigative Judge to draft rules of procedure and evidence, using Iraq's existing criminal procedural law as guide.

- Applicable law includes the IST statute, IST rules of procedure and evidence, the Iraqi Criminal Code existing on July 16, 1968 and decisions of international courts and tribunals

- Available penalties prescribed by Iraqi law

- Defendants presumed innocent until proven guilty

- Defendants have the right to a fair and impartial public hearing, the right to be notified of the details of the charges, the right to legal assistance of his own choosing, the right to confront witnesses against him and the right to not be compelled to testify against himself

- Free-of-charge legal assistance for defendants unable to pay

- Non-Iraqi advisors and observers will advise judges and prosecutors on international law and monitor the protection of general due process of law standards

- Funded from regular budget of Iraqi government with an additional $75 million from the U.S. government to fund investigation of former regime crimes

[July 4th]

Kofi Annan is speaking live right now, saying that there must be a fair trial, and that the UN cannot support a death penalty. He's actually having a little trouble speaking - I think perhaps he's just pissed that the UN has no jurisdiction over what's going on.