When Interpol Comes Calling…™
Iraqi Special Tribunal (IST)
The IST was established by the United States-led Iraqi Governing Counsel in 2003. Its mandate is to prosecute any Iraqi national or resident charged with a violation of its statute between July 17, 1968 and May 1, 2003. The alleged acts may have occurred “in the territory of the Republic of Iraq or elsewhere,” and may include the armed conflicts with Iran or Kuwait. In 2005, the IST embarked upon the prosecution of former President Saddam Hussein. The IST Statute contains a blend of international and Islamic criminal law.
Jurisdiction
By statute, the IST may prosecute Iraqi nationals and residents responsible for serious violations of international humanitarian law committed in the territory of Iraq between July 17, 1968 and May 1, 2003.
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Subject Matter Jurisdiction
The IST may try a case brought under any of the crimes listed in its statute. Those crimes are limited to genocide, war crimes, and crimes against humanity.
Temporal Jurisdiction
The IST may exercise jurisdiction over any crimes committed since 1982.
Personal Jurisdiction
The IST may prosecute any Iraq national or resident.
Territorial Jurisdiction
The IST may investigate and try cases concerning events occurred "in the territory of the Republic of Iraq or elsewhere."
The IST may not investigate, indict, or try an individual for crimes not specified in its statute. There are three international, statutory crimes named in the IST statute: genocide, war crimes, and crimes against humanity.
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Genocide
War Crimes
Crimes Against Humanity
Statute of the Special Tribunal (08/2005)
Rules of Procedure and Evidence (08/2005)
Elements of Crimes
Iraqi Penal Code (1969)
Iraqi Criminal Procedure Code (02/14/1971)