Order 48: Delegation of Authority Regarding Establishment of an Iraqi Special Tribunal-The Daily Ledger

COALITION PROVSIONAL AUTHORITY ORDER NUMBER 48

DELEGATION OF AUTHORITY REGARDING AN

IRAQI SPECIAL TRIBUNAL

Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA), and under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolution 1483 (2003), Resolution 1500 (2003), and Resolution 1511 (2003),

Noting the call in U.N. Security Council Resolution 1483 for accountability for the crimes and atrocities committed by the previous Iraqi regime,

Order 48: Delegation of Authority Regarding Establishment of an Iraqi Special Tribunal

Acting on the appeal by the U.N. Security Council in Resolution 1483 to Member States to deny safe haven to those members of the previous Iraqi regime who are alleged to be responsible for crimes and atrocities and to support actions to bring them to justice;

Order 48: Delegation of Authority Regarding Establishment of an Iraqi Special Tribunal

Acknowledging that the Governing Council, reflecting the general concerns and interests of the Iraqi people, has expressed a desire to establish a Special Tribunal to try members of the Ba`athist regime accused of atrocities and war crimes,

Order 48: Delegation of Authority Regarding Establishment of an Iraqi Special Tribunal

Determined to prevent any threat to public order by revenge actions or vigilantism and to promote the rule of law in accordance with applicable international law,

I hereby promulgate the following:

Section 1 Delegation of Authority

1) The Governing Council is hereby authorized to establish an Iraqi Special Tribunal (the “Tribunal”) to try Iraqi nationals or residents of Iraq accused of genocide, crimes against humanity, war crimes or violations of certain Iraqi laws, by promulgating a statute, the proposed provisions of which have been discussed extensively between the Governing Council and the CPA and are set forth at Appendix A.

2) The statute shall establish the Tribunal, including its chambers, and set forth its jurisdiction, competence, and organization:

3) The statute shall provide rules for the appointment of qualified judges, prosecutors, and a director of administration.

4) The Governing Council shall be authorized to promulgate elements of crimes, the provisions of which shall be coordinated with the CPA.

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THE STATUTE OF THE IRAQI SPECIAL TRIBUNAL

SECTION ONE

The Establishment, Organization and Competence of the Tribunal

PART ONE

Establishment and Competence of the Tribunal

Article 1.

a) A Tribunal is hereby established and shall be known as The Iraqi Special Tribunal (the “Tribunal”). The jurisdiction and functioning of the Tribunal and its associated bodies as defined in Article 3 below shall be governed by the provisions of this Statute. The Tribunal shall be an independent entity and not associated with any Iraqi government departments. b) The Tribunal shall have jurisdiction over any Iraqi national or resident of Iraq accused of the crimes listed in Articles 11 to 14 below, committed since July 17, 1968 and up until and including May 1, 2003, in the territory of the Republic of Iraq or elsewhere, including crimes committed in connection with Iraq’s wars against the Islamic Republic of Iran and the State of Kuwait. This includes jurisdiction over crimes listed in Articles 12 and 13 committed against the people of Iraq (including its Arabs, Kurds, Turcomans, Assyrians and other ethnic groups, and its Shi’ites and Sunnis) whether or not committed in armed conflict. c) The Tribunal shall only have jurisdiction over natural persons.

Article 2.

The Tribunal shall have its seat in the City of Baghdad, or, following a written proposal made by the President of the Tribunal, in any other Governorate in Iraq as determined by the Governing Council or the Successor Government.

PART TWO

Organization of the Tribunal

Article 3.

a) The Tribunal’s judiciary shall consist of the following:

1. one or more Trial Chambers; 2. an Appeals Chamber, which shall have the power to review the decisions of the Trial Chambers referred to above; and 3. the Tribunal Investigative Judges. b) The Tribunal will also have a Prosecutions Department. c). The Tribunal will also have an Administration Department., which shall provide administrative services to the Tribunal’s judiciary and the Prosecutions Department.