IRAQ
- Current Issues
- Country Background, Politics & Law
- Human Rights Issues
- Security, Humanitarian Issues and Protection Related Issues
- Northern Iraq
- Please Note: The information in this topics & issues file is no longer updated (last update November 2008). It remains online for archive purposes until further notice.
Current Issues
| Trials against members of the former Baath regime |
28.05.2008 - Source: Amnesty International
Trials of Supreme Iraqi Criminal Tribunal against persons associated to previous Ba'ath regime ("Annual Report 2008") [ID 23528]
"The Supreme Iraqi Criminal Tribunal (SICT) continued to try former senior party, army, security and government officials associated with the previous Ba’ath administration headed by Saddam Hussain for gross human rights violations committed during his rule. Several defendants were sentenced to death after grossly unfair trials and three, sentenced in 2006, were executed. Political interference continued to undermine the independence and impartiality of the SICT.
In February the SICT Appeals Chamber changed the life sentence previously imposed on former Vice-President Taha Yassin Ramadan to death, and he was executed on 20 March. Two co-defendants, Barzan Ibrahim al-Tikriti and ‘Awad Hamad al-Bandar, were hanged on 15 January.
The trial of those allegedly responsible for abuses committed during the so-called Anfal campaign of 1988, which caused the deaths of some 180,000 Iraqi Kurds, concluded on 24 June. Three of the six defendants – ‘Ali Hassan al-Majid, Sultan Hashim Ahmad al-Ta’i and Hussain Rashid al-Tikri – were sentenced to death for war crimes and crimes against humanity. ‘Ali Hassan al-Majid was also convicted of genocide. The SICT Appeals Chamber confirmed the death sentences on 4 September and the three were expected to be executed within 30 days. However, the US military refused to transfer the three to Iraqi custody because of a legal wrangle between Prime Minister al-Maliki and the Presidential Council."
Document(s):
Open document
11.03.2008 - Source: US Department of State
Developments in trials against former members of Ba'ath regime ("Country Report on Human Rights Practices 2007") [ID 23672]
"In 2003 the Governing Council created the Iraqi High Tribunal (IHT), formerly the Iraqi Special Tribunal, to try persons accused of committing war crimes, genocide, crimes against humanity, and specified offenses from July 17, 1968 through May 1, 2003. After a trial, the IHT in November 2006 sentenced former dictator Saddam Hussein to death based upon his conviction for crimes against humanity relating to the killing of 148 villagers from Ad-Dujayl following an alleged assassination attempt against him in 1982. Two other regime members, Barzan al-Tikriti and Awad al-Bandar, were also convicted at the same time for similar crimes. All three were sentenced to execution by hanging. Appeals were lodged, the verdicts were confirmed, and Saddam Hussein was executed in December 2006. Al-Tikriti and al-Bandar were executed on January 15.
On September 4, in the Anfal Trial, Ali Hassan al-Majid, widely referred to as "Chemical Ali" and two codefendants, Sultan Hashem Ahmed and Hussein Rashid Mohammed, were convicted of genocide and related charges and sentenced to death by hanging. The sentences were upheld on appeal. Codefendants Farhan Jubouri and Saber Abdel Aziz al-Douri were sentenced to life imprisonment and Taher Tawfiq al-Ani was acquitted. The Anfal trial, which concluded on June 23, concerned the deaths of an estimated 182,000 Kurdish men, women, and children, in part by the use of chemical weapons.
During the year investigations continued into a number of crimes allegedly committed by members of the former regime, including atrocities following the 1991 uprising, the draining of the marshes in the southern part of the country, and the invasion of Kuwait.Cases related to the 1991 uprising were being tried in the IHT at year's end."
Document(s):
Open document
12.2007 - Source: UN Assistance Mission for Iraq
Cassation chamber of Iraqi High Tribunal upholds 3 death sentences against former senior officials of the Ba'ath regime; controversy regarding court proceedings prejudicial towards defendants ("Human Rights Report (1 July - 31 December 2007)") [ID 24815]
"On 4 September, the Cassation Chamber of the Iraqi High Tribunal (IHT) upheld three death sentences passed by the IHT’s Criminal Chamber in the Anfal trial, which was concluded in June. Five defendants on trial for genocide, crimes against humanity and war crimes were convicted and the charges against a sixth defendant were dismissed. Those sentenced to death were: Ali Hassan al-Majid, former Secretary-General of the Ba’ath Party’s Northern Bureau; Sultan Ahmad Hashem al-Ta’i, former Minister of Defense and Chief of Staff of the Iraqi Armed Forces; and Hussein Rashid al-Tikriti, former Deputy Chief of Staff for Operations of the Iraqi Armed Forces. In a highly politicized case, a difference of views emerged between the Presidency Council and the Office of the Prime Minister over, inter alia, the legal and constitutional requirements for the ratification of the death sentences by the Presidency Council. By the end of December the issue had not been resolved and all three prisoners remained in the physical custody of the MNF. International observers and monitors of the trial noted a number of serious concerns regarding the fairness of the proceedings followed by the IHT. These included poorly constructed charging instruments prejudicial to the defendants’ basic right to defend themselves, the introduction in court of previously undisclosed evidence by the prosecution, and curtailment of defense counsel capacity to cross-examine complainants and defendants."
Document(s):
Open document
25.06.2007 - Source: Amnesty International
3 senior officials under government of Saddam Hussein sentenced to death for their roles in so-called Anfal campaign of 1988 which led to deaths of some 180,000 Iraqi Kurds ("Urgent Action 160/07 [MDE 14/032/2007]") [ID 20467]
"Between February and August 1988, tens of thousands of Iraqi Kurds were killed or subjected to enforced disappearance when the Iraqi government implemented a programme of destruction of towns and villages all over Iraqi Kurdistan. Thousands of towns and villages were razed to the ground, and decrees were issued authorising the security forces to execute anyone attempting to return to them. According to some Kurdish estimates, between 150,000 and 180,000 people disappeared during the campaign. Some 5,000 people were killed when the Kurdish town of Halabja was attacked with chemical bombs in March 1988."
Document(s):
Open document
06.2007 - Source: Freedom House
Trials of Saddam Hussein and several other former senior Iraqi officials ("Freedom in the World 2007") [ID 20732]
"The trials of Saddam Hussein and several other former senior Iraqi officials culminated in 2006. The al Dujail trial concluded in July 2006 with a verdict delivered on November 5. Saddam Hussein and six other defendants were found guilty of crimes against humanity in the arbitrary killing and displacement from the town of Dujail in 1982. Hussein and two others were sentenced to death by hanging. Another trial opened in August 2006 in which Hussein and six other defendants faced charges of genocide, crimes against humanity, and war crimes stemming from the Anfal campaign against the Kurdish population in northern Iraq, which may have resulted in the death of up to 100,000 Kurds. Although the verdict handed down for the Dujail trial was appealed, Iraq’s Supreme Court confirmed the original decision, and Saddam was executed on December 30, 2006, by hanging. [...]
Persons accused of committing war crimes, genocide, and crimes against humanity fall under the jurisdiction of the Iraqi High Tribunal (IHT), previously known as the Iraq Special Tribunal. The IHT statute does not explicitly require that guilt be proven beyond a reasonable doubt and lacks adequate safeguards against self-incrimination. Numerous irregularities were noted by international observers in the al Dujail trial, which culminated in the execution by hanging of Saddam Hussein in December 2006."
Document(s):
Open document
17.01.2007 - Source: Guardian
One of Saddam Hussein's henchmen is accidentally decapitated on the gallows at his execution ("Sunni anger at Saddam henchmen execution") [ID 18636]
Document(s):
Open document
16.01.2007 - Source: BBC News
UN and EU leaders criticise the executions in Baghdad of 2 of Saddam Hussein's top aides ("Criticism of Iraq hangings grows") [ID 18645]
Document(s):
Open document
15.01.2007 - Source: Guardian
Former dicator's half brother and former head of Iraq's revolutionary court hanged before dawn, two weeks and two days after his own execution ("Saddam's top aides hanged") [ID 18646]
Document(s):
Open document
04.01.2007 - Source: Amnesty International
Barzan Ibrahim al-Tikriti, ‘Awad Hamad al-Bandar al-Sa’dun and former vice-president Taha Yassin Ramadhan at risk of imminent execution ("Urgent Action 02/07 [MDE 14/001/2007]") [ID 20193]
"Since the reintroduction of the death penalty in Iraq in August 2004, scores of people have been sentenced to death and there has been a rapid rise in the number of executions, with at least 65 people put to death in 2006 alone, many of them after trials which may have been unfair."
Document(s):
Open document
30.12.2006 - Source: Radio Free Europe/Radio Liberty
Saddam Hussein executed ("Saddam Hussein Executed") [ID 18071]
Document(s):
Open document
27.12.2006 - Source: BBC News
Mixed reactions to the death sentence against Saddam Hussein ("Mixed reactions to Saddam verdict") [ID 18072]
Document(s):
Open document
26.12.2006 - Source: Human Rights Watch
Death sentence against Saddam Hussein for crimes against humanity ("Reverse Decision to Execute Saddam") [ID 18059]
Document(s):
Open document
20.11.2006 - Source: Human Rights Watch
According to report by HRW, trial of Saddam Hussein and 7 other defendants before Iraqi High Tribunal for crimes against humanity marred by so many procedural and substantive flaws that verdict is unsound ("Dujail Trial Fundamentally Flawed") [ID 18043]
Document(s):
Press release
Report