05 April 2003
Former Iraqi Jurists Propose Plan for Post-Saddam Legal System
(They seek "truth and reconciliation" approach to heal wounds) (1160) By Ralph Dannheisser Washington File Staff Writer Washington -- Iraqi jurists in exile have outlined their vision of a post-Saddam Hussein Iraq governed under the rule of law, and say they stand ready and eager to help implement the required changes. For the process to succeed, they say, it is vital for Iraqis themselves to take the lead, with international help provided where needed. Four of the lawyers involved in preparing a detailed 700-page draft of their proposals -- a joint effort by the London-based Iraqi Jurist Association and the Working Group on Transitional Justice affiliated with the State Department's Future of Iraq Project -- presented their views at a press briefing April 4. The briefing was held at the Washington hotel where they had just taken part in a two-week-long colloquium on international law, human rights and rule-of-law principles sponsored by the U.S. Departments of Justice and State, the fourth such workshop held in recent months. The 32 workshop participants came from locations around the world, but most live in the United States and Great Britain. The four who took part in the press briefing included two leaders of the London-based organization, one jurist now living in Australia, and an Iraqi-American lawyer from Los Angeles. The jurists set out a plan for a three-tiered judicial system to prosecute criminal cases, and particularly those arising out of the abuses of the Iraqi regime of Saddam Hussein. Sermid Al-Sarraf, the Los Angeles-based attorney, explained that the first aspect would deal with the prosecution, by a special Iraqi court, of major international crimes -- which he defined as "crimes against humanity, war crimes, genocide, and torture." Al-Sarraf stressed, and other panel members underlined the point repeatedly, that the jurists feel it vital "that these crimes be prosecuted in Iraq, in Iraqi courts, under Iraqi law, by Iraqi jurists, with the assistance of international experts" rather than being turned over to any outside international tribunal. That special court would try Saddam Hussein and other top leaders of his regime, said former Iraqi diplomat Mohamed Al Jabiri, who was once jailed by Saddam Hussein for two years. "We will not let him get out of the country just like what happened to [former Yugoslav President Slobodan] Milosevic," who was sent to The Hague for trial by an international tribunal, Al Jabiri said. A second set of cases, involving serious violations of domestic law subject to punishment ranging from five years' imprisonment to death, would be dealt with by ordinary domestic criminal courts. And a third, critical, portion of the process would involve creation of a truth and reconciliation commission, dealing with some crimes punishable by up to five years in prison. Taking its cue from existing Iraqi law that provides for plea bargains, the commission would be empowered to grant amnesty to what Al-Sarraf termed "lesser officials" in return for a "full and complete accounting" for their crimes. Truth and reconciliation procedures have been adopted in South Africa, some Latin American countries, and elsewhere in the aftermath of divisive conflicts there. Tariq Saleh, a former judge in Iraq who now serves as chairman of the London-based Iraqi Jurist Association, expanded on the commission approach, explaining that "the defendant would have to confess his crime [and] apologize [to] the victims of his crime and to society" before being eligible for amnesty. Al-Sarraf stressed the aspect of truth just as strongly as the reconciliation represented by amnesty. "This will require a truth-telling process to make sure that everyone's story gets out, and that it's recorded for future generations of Iraqis to understand the misery that the Ba'ath regime brought to the Iraqi people," he said. Al Jabiri, who now lives in Australia and serves as principal consultant of the Human Rights Services Australia, said there should be no dearth of capable Iraqis willing to return home to help set up a new democratic system there. Noting that some four million Iraqi expatriates are scattered around the world, he expressed the view that "all the Iraqis are willing to get back to Iraq." "Mind you, the Iraqis are not a migrant nation. We were forced by the atrocities, by the persecution of the regime of Saddam Hussein to flee our country. I think every Iraqi will be happy to go and serve the country," he said. Saleh made clear that half, or more, of the 500 to 600 judges now in Iraq -- as well as many prosecutors and other lawyers -- could continue to serve in the new legal system projected. "There are a lot of retired judges ... who left their jobs because they did not want to serve the dictatorship" and they would be extremely useful within the new system, he said. He said the group he chairs "definitely will move to Iraq to establish a new base," and hopes to be involved in the selection process for staffing the new judiciary. Farouk Ridha, vice president of the jurists association, agreed with Saleh's assessment. "Saddam Hussein's regime destroyed and defamed the Iraqi character" and "brought corruption from the top to the bottom," Ridha said. But while "the big shots in the country, whose hands are dirty, have no place in the new Iraq," still honorable people remain in the country "who can be made use of in this process of change." Asked to comment on reports of differences within the U.S. administration as to how the future governance of Iraq should be worked out, Al-Sarraf acknowledged concerns "about [how] the direction [of] the reconstruction efforts and a post-Saddam civilian authority are being handled." "It's unnecessary to have strictly non-Iraqis involved in the civilian administration of the country," he said. "It is our unanimous opinion that anyone who serves on an interim authority should meet very stringent qualifications" with respect to professional standing and moral character, Al-Sarraf said. "We recommend we have technical people placed in these positions and not individuals who are solely there for political reasons." Moreover, he said, the jurists recommend that anyone serving on the interim authority "be ineligible to participate in the first round of elections" for a permanent government. Al Jabiri added his view that the United States "must be very careful about any moves to establish the civil and political system in Iraq." Addressing the question of supposed internal differences in the U.S. administration, he said, "I think the State Department has such great experience and great knowledge ... we hope that the Pentagon will listen to the State Department.... We hate to see that the department is not having the decisive position on the future transitional aspect of Iraq." The jurists plan to present their report to the State Department, the United Nations, and other agencies. (The Washington File is a product of the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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