ICTJ in the News

April 20, 2003

Iraq after Saddam: Splits widen on the road to justice

The Observer

By Martin Bright

PLANS to set up a South Africa-style Truth and Reconciliation Commission for Iraq could be scuppered by a row between the Pentagon and the State Department over how to try war criminals and members of Saddam Hussein's regime suspected of human rights atrocities.

Exiled Iraqi lawyers and international human rights activists flew to Kuwait from Britain this weekend to meet US and British army officials to discuss the plans before travelling to Iraq to help re-establish the rule of law.

The Transitional Justice Project in Iraq was set up by the Iraqi Jurists Association, a group of exiled lawyers, and Indict, a British-based human rights group set up seven years ago to pave the way for an International Criminal Tribunal for Iraq.

The project is sponsored by the State Department, which is keen to establish the tribunal on Iraqi soil and staff it with Iraqi lawyers and officials. The Pentagon is known to prefer a military tribunal model, under which suspects would be tried by the US army and major figures from the regime would be flown out of the country for questioning.

In an attempt to defuse the row, Pentagon officials have agreed to meet representatives of the Transitional Justice Project this week. One compromise would allow the United States to deal with prisoners of war and suspects of crimes committed during the latest conflict, while an international commission would investigate the atrocities of Saddam's 23-year rule. The real battle is likely to be fought over senior figures in the regime whose crimes straddle both periods.

Indict chief executive Charles Forrest, who flew to Kuwait this weekend, said: 'These crimes are committed in Iraq by Iraqis on Iraqis. There is something paternalistic about saying they can't be tried by Iraqis.'

Alexander Boraine, who served on South Africa's Truth and Reconciliation Commission and now runs the International Centre for Transitional Justice in New York, said: 'If the United States and its allies went ahead with transitional justice there is a very real danger of it being regarded as "victor's justice", especially if they use military tribunals. The lack of transparency and lack of due process would be seen as the US seeking revenge.'

Dr Tariq Saleh, of the Iraqi Jurists Association, said: 'I am not sure about military tribunals. It might be possible to use them for the people who committed crimes during the war, but not before the war. We would prefer to apply our project even during the war. It will give more confidence to the Iraqi people.'