Posted: 11 December 2003
Amnesty International said:
"We have urged that proposals to establish the tribunal be subject to
widespread consultation within Iraqi civil society, especially the legal
profession and human rights groups, as well as the international
community. Sadly the draft statute of the tribunal was not made public
before its adoption."
Under international humanitarian law, the authority of the CPA as an
Occupying Power to establish a tribunal of the scope envisaged for the
Iraqi special tribunal is doubtful at best. Amnesty International is
concerned about reports that the tribunal will use the Iraqi criminal code
- some aspects of which are inconsistent with international human rights
standards - to regulate trial procedures and define crimes and
punishments.
Amnesty International added:
"We are particularly concerned that the Iraqi Penal Code provides for the
death penalty for crimes under the jurisdiction of the tribunal".
Amnesty International is seeking a copy of the statute that was adopted in
order to analyse it in detail.