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THE STATUTE OF THE IRAQI SPECIAL TRIBUNAL

 

SECTION THREE

Jurisdiction and Crimes

 

PART ONE

Jurisdiction of the Tribunal

 

Article 10.

 

The Tribunal shall have jurisdiction over any Iraqi national or resident of Iraq accused of the crimes listed in Articles 11 - 14, committed since July 17, 1968 and up and until May 1, 2003, in the territory of Iraq or elsewhere, namely:

 

a)         The crime of genocide;

b)         Crimes against humanity;

c)         War crimes; or

d)         Violations of certain Iraqi laws listed in Article 14 below.

 

PART TWO

The Crime of Genocide

 

Article 11.

a) For the purposes of this Statute and in accordance with the Convention on the Prevention and Punishment of the Crime of Genocide, dated December 9, 1948, as ratified by Iraq on January 20, 1959, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

1. killing members of the group;

2. causing serious bodily or mental harm to members of the group;

3. deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

4. imposing measures intended to prevent births within the group; and

5. forcibly transferring children of the group to another group.

b) The following acts shall be punishable:

1. genocide;

2. conspiracy to commit genocide;

3. direct and public incitement to commit genocide;

4. attempt to commit genocide; and

5. complicity in genocide.

PART THREE

Crimes Against Humanity

 

Article 12.

 

a) For the purposes of this Statute, “crimes against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

 

1.         Murder;

2.         Extermination;

3.         Enslavement;

4.         Deportation or forcible transfer of population;

5.         Imprisonment or other severe deprivation of physical liberty in violation of fundamental norms of international law;

6.         Torture;

7.         Rape, sexual slavery, enforced prostitution, forced pregnancy, or any other form of sexual violence of comparable gravity;

8.         Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Tribunal;

9.         Enforced disappearance of persons; and

10.       Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

 

b) For the purposes of paragraph a):

 

1.         "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in the above paragraph against any civilian population, pursuant to or in furtherance of a state or organizational policy to commit such attack;

2.         "Extermination" includes the intentional infliction of conditions of life, such as the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

3.         "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

4.         "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

5.         "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to lawful sanctions;

6.         "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity; and

7.         "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, the State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

 

PART FOUR

War Crimes

 

Article 13.

 

For the purposes of this Statute, “war crimes” means:

 

a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

 

1. Willful killing;

2. Torture or inhuman treatment, including biological experiments;

3. Willfully causing great suffering, or serious injury to body or health;

4. Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

5. Willfully denying the right of a fair trial to a prisoner of war or other protected person;

6. Compelling a prisoner of war or other protected person to serve in the forces of a hostile power;

7. Unlawful confinement;

8. Unlawful deportation or transfer; and

9. Taking of hostages.

 

b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:

 

1.         Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;

2.         Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

3.         Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission in accordance with the Charter of the United Nations or in a humanitarian assistance mission, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

4.         Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

5.         Intentionally launching an attack in the knowledge that such attack will cause widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

6.         Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

7.         Killing or wounding a combatant who, having laid down his arms or having no longer means of defense, has surrendered at discretion;

8.         Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;

9.         The transfer, directly or indirectly, by the Government of Iraq or any of its instrumentalities (including by an instrumentality of the Arab Socialist Ba’ath Party), of parts of its own civilian population into any territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;

10.       Intentionally directing attacks against buildings that are dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

11.       Subjecting persons of another nation to physical mutilation or to medical or scientific experiments of any kind that are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

12.       Killing or wounding treacherously individuals belonging to the hostile nation or army;

13.       Declaring that no quarter will be given;

14.       Destroying or seizing the property of an adverse party unless such destruction or seizure be imperatively demanded by the necessities of war;

15.       Declaring abolished, suspended or inadmissible in a court of law, or otherwise depriving, the rights and actions of the nationals of the adverse party;

16.       Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;

17.       Pillaging a town or place, even when taken by assault;

18.       Employing poison or poisoned weapons;

19.       Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

20. Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;

21. Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

22. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, or any other form of sexual violence of comparable gravity;

23. Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

24. Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

25. Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under international law; and

26. Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.

 

c) In the case of an armed conflict, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:

1.         Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

2.         Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

3.         Taking of hostages; and

4.         The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.

 

d) Serious violations of the laws and customs of war applicable in armed conflict not of an international character, within the established framework of international law, namely, any of the following acts:

1.         Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;

2.         Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

3.         Intentionally directing attacks against personnel, installations, material, units, or vehicles involved in a peacekeeping mission in accordance with the Charter of the United Nations or in a humanitarian assistance mission, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

4.         Intentionally directing attacks against buildings that are dedicated to religion, education, art, science, or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

5.         Pillaging a town or place, even when taken by assault;

6.         Committing rape, sexual slavery, enforced prostitution, forced pregnancy, or any other form of sexual violence of comparable gravity;

7.         Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;

8.         Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

9.         Killing or wounding treacherously a combatant adversary;

10.       Declaring that no quarter will be given;

11.       Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind that are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; and

12.       Destroying or seizing the property of an adversary, unless such destruction or seizure be imperatively demanded by the necessities of the conflict.

 

PART FIVE

Violations of Stipulated Iraqi Laws

 

Article 14.

 

The Tribunal shall have the power to prosecute persons who have committed the following crimes under Iraqi law:

a)         For those outside the judiciary, the attempt to manipulate the judiciary or involvement in the functions of the judiciary, in violation, inter alia, of the Iraqi interim constitution of 1970, as amended;

b)         The wastage of national resources and the squandering of public assets and funds, pursuant to, inter alia, Article 2(g) of Law Number 7 of 1958, as amended; and

c)         The abuse of position and the pursuit of policies that may lead to the threat of war or the use of the armed forces of Iraq against an Arab country, in accordance with Article 1 of Law Number 7 of 1958, as amended.


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