Iraq: Tribunal Established Without Consultation
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.