If Saddam Hussein and its main lieutenants are captured alive they will be tried in an Iraqi Court according to what Clint Williamson, an American advising the Justice Ministry, said on may 8, 2003. This, in fact, rules out the use of the international criminal court set up in The Hague this year.
On December 5, 2003, the Iraqi Governing Council revealed that it is planning to create a war tribunal to judge war crimes committed by Iraqis at the time of Saddam Hussein. They are planning to try 5 to 6,000 people. Usually these crimes are judged by international organisations like the UN. It is not difficult to guess that Bush is against this as he is against most international bodies. Some human rights groups are already criticising the plan. Putting this responsibility in the hands of the winners (the USA) and their stooges (the Iraqi Governing Council members chosen by the USA) looks like revenge. Bush will never learn.
On December 10, 2003, the US appointed Iraqi Governing Council formally established a war crimes tribunal to try former members of Saddam Hussein's regime. It will deal with crimes committed from July 17, 1968 -the day the Baath party took power- until May 1, 2003, when Bush declared that the war was over! The tribunal could try Saddam Hussein, even in absentia.
On March 7, 2004, we were told that the US government will send about 50 legal experts to help Iraq tries war criminals such as Saddam Hussein and others. The US authorities insist that they will only help the Iraqi war crimes tribunals but, seen their number, nobody doubts that they will want to participate actively in the process.
The Iraqi Governing Council has nominated seven judges and four prosecutors to a tribunal specially created to judge Saddam Hussein and his closer followers. No date has been set for the trial.
On June 15, 2004, there were strong disagreements between the US military authorities and the interim Iraqi interim government about who take charge of Saddam Hussein and his former senior collaborators after June 30. The Iraqi government is asking the USA to hand them over but the Americans, including President Bush, have strong doubt that the Iraqis can keep them in custody. They are afraid of possible corruption or intimidation of guards. Probably, Saddam Hussein and his senior followers will be formally handed over to the interim government but the US will act as agents of the Iraqis to keep them in jail. Once more it is all appearance with nothing behind like the transfer of power and sovereignty on June 30 while the Americans will still make all the decisions.
On June 30, 2004, Saddam Hussein and other eleven important members of his regime will be legally transferred under the responsibility of the Interim Iraqi Government. However, in fact, they will remain under US custody, officially until the Iraqis can show that they can keep them safely in jail. It is again one of these "make believe" decisions, just like saying that Iraq has regained its sovereignty.
On August 8, 2004, Salem Chalabi, the head of the Iraqi Special Tribunal that will be trying Saddam Hussein and his closest associates, was accused of murder in Iraq. An US appointed Iraqi judge issued a warrant for his arrest. He is accused of killing Haithem Fadhil, the director general of the finance ministry in June. As foreseen, he denied the charge saying that it was politically motivated.
On November 17, 2005, we were told that the USA has detained more than 83,000
foreigners since the war on terror started four years ago. This figure includes
all the prisoners held in Afghanistan, Iraq and Guantanamo Bay, Cuba. More
were and are still probably held secretly in other countries such as Eastern
Europe. Now about 14,500 foreigners are still in US custody mainly in Iraq.