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THE STATUTE OF THE IRAQI SPECIAL TRIBUNAL

 

SECTION ELEVEN

General Principles and Other Matters

 

Article 28.

 

The judges, investigative judges, prosecutors and the Director of the Administration Department shall be Iraqi nationals.

 

Article 29.

a) The Tribunal and the national courts of Iraq shall have concurrent jurisdiction to prosecute persons for those offences prescribed in Article 14 that fall within the jurisdiction of the Tribunal.

b) The Tribunal shall have primacy over all other Iraqi courts with respect to the crimes stipulated in Articles 11 to 13. 

c) At any stage of the procedure, the Tribunal may demand of any other Iraqi court to transfer any case being tried by it involving any crimes stipulated in Articles 11 to 14 to the Tribunal, and such court shall be required to transfer such case.

Article 30.

 

a) No person shall be tried before any other Iraqi court for acts for which he or she has already been tried by the Tribunal, in accordance with Articles 300 and 301 of the Iraqi Criminal Procedure Code.

b) A person who has been tried by any Iraqi court for acts constituting crimes within the jurisdiction of the Tribunal may be subsequently tried by the Tribunal only if the Tribunal determines that the previous court proceedings were not impartial or independent, were designed to shield the accused from international or Iraqi criminal responsibility, or the case was not diligently prosecuted, provided that the requirements of Article 303 of the Iraqi Criminal Procedure Code are met or one of the conditions contained in Article 196 of the Iraqi Civil Procedure Code apply. 

c) In considering the penalty to be imposed on a person convicted of a crime under the present Statute, the Tribunal shall take into account the extent to which any penalty imposed by an Iraqi court on the same person for the same act has already been served.

Article 31.

 

a) The Tribunal, the judges, the Tribunal Investigative Judges, the Prosecutors, the Director of the Administration Department and their staffs shall have immunity from civil suits for their official acts.

b) Other persons, including the accused, required at the seat of the Tribunal shall be accorded such treatment as is necessary for the proper functioning of the Tribunal.

Article 32.

 

For purposes of this statute, the “Governing Council” shall mean the Governing Council of Iraq established on July 13, 2003.  The powers conferred on the Governing Council in this Statute shall be transferred to the executive authority in any future government (the “Successor Government”) established following the disbanding of the Governing Council.

 

Article 33.

No officer, prosecutor, investigative judge, judge or other personnel of the Tribunal shall have been a member of the Ba’ath Party.

Article 34.

Arabic shall be the official language of the Tribunal.

Article 35.

The expenses of the Tribunal shall be borne by the regular budget of the Government of Iraq.

Article 36.

The President of the Tribunal shall submit an annual report of the Tribunal and its associated bodies to the Governing Council (and subsequently to the executive authority of the Successor Government).

 

Article 37.

 

The Governing Council has the powers to establish other rules and procedures in order to implement this Statute.

Article 38.

This law shall become effective on the 10th day of December, 2003 and shall be published in the Official Gazette.


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