The Iraqi Special Tribunal <i>(IST)</i>

Friday October 21, 2005

The IST is an Iraqi led system,which differs from Western (U.S.) judicial systems. At the request of the IST and the Iraqi Government, the United States provides limited logistical support, as well as some external security support, for the trial. The IST , with their security officers, have responsibility for the interior security of the trial. Additionally, the United States is responsible for detainee security- not only for the trial, but for all aspects of detainee operations under UNSCR 1546.

The individuals on trial in Iraq are under Iraqi jurisdiction; however the United States continues to provide support for the physical custody of the detainees. They are made available to the IST at all times.

Background on the IST Court Structure

- The IST is using the same law, rules, and format as the Iraqi Criminal Courts,with a few exceptions. One exception is five vs three judges. It is an "Iraqi Civil Law" trial, not a jury trial. The five judges will decide the innocence or the guilt of the defendants.

- The trial judges make the decision. There is no timeline for the final decision.

- Each defendant must have an Iraqi lawyer of record, but is able to hire additional lawyers that are not Iraqi.

- The IST was established according to the statute no.(1)dated 10.12.2003, enacted by the Iraqi Governing Counsel. The tribunal recognized the wishes of the Iraqi people to establish a legal instrument suitable for proving their rights and uncovering the truth about what happened during the past years.

- The statute of the IST was drafted by the legal committee of the governing Counsel and followed significant consultation with the legal staff and other experts in the coalition provisional authority and other government officials of countries connected with the coalition. Some of these experts had significant expertise in the field of prosecution of war crimes. The drafters of the statute consulted international experts in the field, as well as some non-governmental organizations. The drafters of the statute consulted Iraqi lawyers and judges who provided advice on Iraqi criminal law.

- The intention of the drafters of the statute was to comply with international standards of due process of law, and to focus on crimes committed under international law (such as genocide, war crimes and crimes against humanity). The drafters of the statute had to take into account the wishes of the Iraqi people.The governing Counsel concluded that, with international assistance, the Iraqi judicial process would be able to pursue an accountability process.

See link to understand more:Procedural steps in the Iraqi legal system

Source: Iraqi Special Tribunal Homepage

NEWS ABOUT THE ARMY

  • Letter: 'No Recruitment Crisis For The Army ' (WP | EB)
  • Army National Guard equipment losses add up (MH | EB)
  • Guard readiness eroded by equipment shortages (AT)
  • Green Berets get Silver Stars for actions in Iraq, Vietnam (ARNEWS)
  • Stryker Brigade Combat Team finds weapons (FDNM/EB)
  • Investigation continues into alleged body-burning (AFIS)
  • Army leaders delay shipping armored Humvees to Iraq (DD/EB)
  • U.S. Army deserter describes ordeal (HC | EB)

WAR ON TERROR NEWS

  • Fears that defense attorneys have become targets of revenge (WT | EB)
  • Saddam trial defense lawyer, kidnapped and killed (USAT)
  • Military investigates tape showing bodies burning (USAT | EB)
  • Canadian Security Intelligence Service says Iraq is terrorist haven (WP/EB)
  • Reporter freed from captors unharmed (WP | EB)
  • As inquiry continues Washington condemns alleged body burnings (HC)
  • Taliban violence escalates in Southern region (NYT | EB)
  • U.S. Military acts to control Muslim backlash after incident (WP | EB)

OF INTEREST

  • In a free Iraq, Saddam will face trial (Newsweek)
  • Ailing prosecution witness will testify early in Saddam Trial (MSNBC)
  • U.N. investigation implicates Syrian and Lebanese officials in assassination (WP)
  • Many U.S. Soldiers come home traumatized (TIME)
  • U.S. troops in South Korea to receive deep cuts (PI)
  • U.S. aid to jihad territory (CSM/EB)
  • President Hamid Karzai attempts to calm situation (AJC)
  • Heir to British throne to join Army (CNN)
  • Iraqis glad to see Saddam on trial (DMN)

WORLD VIEW

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Events

BLACK KNIGHTS ARMY FOOTBALL

Saturday, 10/22/05 Black Knights at Akron Zips, in Akron, Ohio 6:00 PM EST

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SENIOR LEADERS ARE SAYING

Today, our young men and women must once again heed the Call to Duty. They must finish a fight we didn't start. A war waged on us by radical extremists willing to destroy our very way of life.
(SMA Remarks for 96th Infantry Division)

Kenneth O. Preston
Sergeant Major of the United States Army

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