12/12/2003, 00.00
IRAQ
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Iraqi war crimes tribunal raises fears and concerns

Baghdad (AsiaNews)- News of the creation of a War Crimes Tribunal in Iraq by Baghdad's Provisional Governing Council (PGC) was cautiously received by Amnesty International. The organization said it was "concerned" by the fact that "the decision was made with any consultation (of) Iraqi citizens and the international community".

Amnesty International has expressed fear that, despite not yet having received a copy of the special tribunal's statutes, the court is capable of invoking capital punishment on war criminals.

Nuredin Dara,  an Iraqi PGC member and judge heading the legal committee that prepared the draft of the tribunal's statutes, said that "the PGC has suspended application of the death penalty."

According to Dara Iraqi judges are needed to take responsibility for decisions. Dara said that under Saddam Hussein's regime there were 700 judges in Iraq; thus it is possible to find judges with "clean hands", above all among those working in Iraqi Kurdistan for twelve years.

Avril McDonald, expert at the Hague's Asser Institute, holds that there is not sufficient guarentee to find possible witnesses in such a climate of insecurity.

Human Rights Watch, however, has proposed a greater role for the United Nations, by establishing a court of judges composed of Iraqi and international magistrates. (P.B.)
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