Iraqi tribunal stirs fierce debate

"Let's go for the worst of the worst, with a few symbolic cases covering the best geographical and temporal spread possible," argues one CPA official. "We are looking for easy wins that sell themselves," such as Ali Hassan Majid, known as "Chemical Ali" after the chemical bombing of the Kurdish village of Halabja, in which 5,500 people died.

As it currently stands, the draft statute rejects calls from foreign human rights organizations for the inclusion of international judges on the court's panel.

"The reality is that [Iraqi judges] have not had the experience in the kinds of extremely complex criminal cases" raised by accusations of war crimes, crimes against humanity, and genocide, argues Richard Dicker, head of the international-justice program of Human Rights Watch.

"These crimes were committed by Iraqis against Iraqis in Iraq, so we prefer Iraqi judges in Iraqi courts" to deal with them, explains Judge Alzin. The statute will, however, provide for experienced foreign judges to advise the Iraqi panel, and for international investigators to supervise the collection of evidence, he says.

That kind of international support for the court, says Mr. Dicker, is "absolutely essential" to avoid the impression that it will be dispensing "victors' justice." "They cannot do this simply with US support," he says. "If you have the occupying power playing a very prominent role it will diminish the credibility and legitimacy of this effort."

It is uncertain, however, where experienced foreign advisers and supervisors will come from if the court statute includes the possibility of the death penalty. The death penalty is suspended in Iraq, by order of Mr. Bremer, but it is overwhelmingly popular among both ordinary Iraqis and their political leaders, and would almost certainly be reinstated by an elected Iraqi government.

European signatories to the European Convention on Human Rights are bound to oppose the death penalty. Coalition partners such as Britain, Poland, Spain, and Italy would be forbidden by the convention from handing over prisoners to a court with the power to sentence them to death.

Nor is any European nation likely to involve itself with such a court in any fashion, says Jeroen Schokkenbroek, a human rights official with the Council of Europe in Strasbourg. "It would fly in the face of European Union foreign policy, which includes opposition to the death penalty, to contribute to setting up a mechanism by which the death penalty could be applied," he points out.

Some officials suggest that in light of this problem, the Governing Council might yet revise its position. "The statute is going to involve [the Iraqis] dealing with international pressure because they need international help" says David Hodgkinson, head of the CPA's Transitional Justice team. "Maybe they will consider it useful to reconsider the death penalty."

Once the statute has been approved by Bremer, and money has been found to pay for the tribunal's work, plans are in place to hire more than 100 investigators to dredge through the evidence and build cases for the prosecutor.

Much evidence has already been gathered and processed, but Iraqi and US officials say it is likely to be a year before any trials start.

Page: 1 | 2