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parties and with the consent of the Security Council, that are seen as con-
nected in accordance with the principles of criminal justice and are of a
nature and gravity similar to the attack of 14 February 2005.
171
The Tri-
bunal is to be composed of the Chambers, the Prosecutor, the Registry and
the Defence Office. The Chambers, to be composed of between eleven and
fourteen independent judges, are to consist of a Pre-Trial Judge, a Trial
Chamber and an Appeals Chamber. A single international judge is to
serve as Pre-Trial Judge, while three judges are to serve in the Trial Cham-
ber, being one Lebanese judge and two international judges. Five judges
are to serve in the Appeals Chamber, of whom two are to be Lebanese
and three international judges.
172
The Prosecutor and the Registrar are
to be appointed by the UN Secretary-General after consultation with the
Lebanese government, while the Head of the Defence Office is to be ap-
pointed by the Secretary-General after consultation with the President
of the Tribunal.
173
The applicable law is Lebanese criminal law and the
Tribunal is to have concurrent jurisdiction with Lebanese courts and have
primacy over them.
174
The Iraqi High Tribunal
175
The Governing Council of Iraq was authorised by the Coalition Pro-
visional Authority on 10 December 2003 to establish the Iraqi Special
171
Article 1 of the Statute.
172
Articles 7 and 8 of the Statute.
173
Articles 11, 12 and 13 of the Statute. The Registrar was appointed on 11 March 2008: see
www.un.org/apps/news/story.asp?NewsID=25925&Cr=Leban&Cr1.
174
Articles 2 and 4 of the Statute.
175
See e.g. Scharf, ‘The Iraqi High Tribunal’, Cryer
et al.
,
Introduction to International Crim-
inal Law
, p. 160; I. Bantekas, ‘The Iraqi Special Tribunal for Crimes against Humanity’,
54 ICLQ, 2004, p. 237; M. C. Bassiouni, ‘Post-Conflict Justice in Iraq: An Appraisal of the
Iraq Special Tribunal’, 38
Cornell International Law Journal
, 2005, p. 327; M. Sissons and
A. S. Bassin, ‘Was the
Dujail
Trial Fair?’, 5
Journal of International Criminal Justice
, 2007,
p. 272; G. Mettraux, ‘The 2005 Revision of the Statute of the Iraqi Special Tribunal’, 5
Journal of International Criminal Justice
, 2007, p. 287; S. de Bertodano, ‘Were There More
Acceptable Alternatives to the Iraqi High Tribunal?’, 5
Journal of International Criminal
Justice
, 2007, p. 294.
i n d i v i d ua l c r i m i na l r e s p o n s i b i l i t y
429
Tribunal to hear crimes alleged against the former regime of Saddam
Hussein.
176
A revised Statute was enacted in 2005 and the tribunal re-
named the Iraqi High Tribunal. The Tribunal has jurisdiction over geno-
cide, crimes against humanity and war crimes, the definitions of which
are based upon the provisions of the Rome Statute and newly incorpo-
rated into Iraqi law, committed between 16 July 1968 and 1 May 2003
177
by Iraqi nationals or residents.
178
Persons accused of committing crimes
within the jurisdiction of the Tribunal bear individual criminal respon-
sibility.
179
The Tribunal has concurrent jurisdiction with national courts
but primacy over them. Article 6(b) of the Statute provides that the Pres-
ident of the Tribunal shall be required to appoint non-Iraqi nationals to
act in advisory capacities or as observers to the Trial Chambers and to
the Appeals Chamber. The role of the non-Iraqi nationals is stated to be
to provide assistance to the judges with respect to international law and
the experience of similar tribunals (whether international or otherwise),
and to monitor the protection by the Tribunal of general due process of
law standards. In appointing such non-Iraqi experts, the President of the
Tribunal is entitled to request assistance from the international commu-
nity, including the United Nations. However, the judges and prosecutors
of the Tribunal are all Iraqi nationals. Criticisms have been made of the
Tribunal, including the fact that it can impose the death penalty, as for
example with regard to Saddam Hussein upon his conviction in the
Dujail
case.
180
The Serbian War Crimes Chamber
On 1 July 2003, the Serbian National Assembly adopted a law establishing
a specialised War Crimes Chamber within the Belgrade District Court to
prosecute and investigate crimes against humanity and serious violations
of international humanitarian law as defined in Serbian law. A War Crimes
Prosecutor’s Office was established in Belgrade. The Chamber consists of
two panels of three judges each selected from the Belgrade District Court
176
Order No. 48.
177
The dates reflect the commencement of the Ba’ath party control of Iraq and the end of
the Saddam Hussein regime.
178
Articles 1 and 11–14 of the Statute of the Tribunal.
179
Article 15.
180
See e.g. N. Bhuta, ‘Fatal Errors: The Trial and Appeal Judgments in the
Dujail
Case’,
6
Journal of International Criminal Justice
, 2008, p. 39; M. P. Scharf and M. A. New-
ton, ‘The Iraq High Tribunal’s
Dujail
Trial Opinion’,
ASIL Insight
, 18 December 2006,
www.asil.org/insights/2006/12/insights061218.html, and Human Rights Watch report on
the
Dujail
trial, http://hrw.org/english/docs/2007/06/22/iraq16230.htm.
430
i n t e r nat i o na l l aw
or seconded from other courts, and two investigative judges. It is, however,
essentially a national court.
181
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