چکیده:
The Special Tribunal for Iraq is an institution established under Iraqi domestic law to prosecute Iraqi nationals or persons residing in the country who are accused of genocide, crimes against humanity, war crimes, and other serious crimes and offenses committed between 1968 and 2003. The statute of this tribunal was approved by the Governing Council of Iraq on 10/12/2003. This tribunal recognized the nation of Iraq for creating and establishing appropriate legal and judicial tools to prove their rights and reveal the truth of what has happened over the past years. The goal of the drafters of the statute was to focus as much as possible, while adhering to international standards regarding the legal process, on crimes committed based on international law (such as genocide, war crimes, and crimes against humanity). The purpose of this writing is to examine and explore the success or failure of the statute in adhering to international standards in light of international criminal law.
خلاصه ماشینی:
The Special Tribunal for Iraq in the Light of International Criminal Law Mohammad Farokhi Hodar* Senior Expert in International Law, Shahid Beheshti University, Tehran, Iran Received: 12/2/84 Accepted: 22/8/84 Abstract The Special Tribunal for Iraq is an institution established based on the domestic law of Iraq to prosecute Iraqi nationals or persons residing in this country who are accused of genocide, crimes against humanity, war crimes, and other serious crimes and offenses committed between the years 1968 and 2003.
The difficulties of choosing an appropriate non-Iraqi judicial structure become clear and distinct when looking at the International Criminal Court; because first, the United States has not yet signed the Rome Statute of the International Criminal Court[29], for this reason, it seems that for political reasons it was undesirable for the United States to support any use of the International Criminal Court against Saddam and the members of his regime[30]; second, allowing the trial of those responsible for crimes committed by the International Criminal Court could lead to the exercise of the Court's jurisdiction over war crimes and human rights and humanitarian law violations of United States soldiers and coalition forces in Iraq; because according to the provisions of the Statute Rome, among the obligations of member states, is the extradition of important and wanted persons to the International Criminal Court[31].
One of the criticisms and objections raised against the Special Tribunal regarding the obligation to use Iraqi judges, investigating judges, and prosecutors is that this issue could undermine the credibility of international criminal law; because the trial of Saddam's war crimes and other Iraqis by Iraqi judges—who are likely to be under American influence—constitutes a form of victors' justice.
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