WASHINGTON, 9 April 2003 — A new Iraqi government should be responsible for prosecuting President Saddam Hussein and any surviving aides for past war crimes and human rights abuses, Bush administration officials said Monday. In an announcement that drew warnings about the danger of “victor’s justice’’ from human rights organizations, officials said the United States would contribute backing and would encourage other countries to help, but would not seek to establish an international tribunal.
The decision does not apply to any crimes committed during the current war. Attorneys from the Pentagon and State Department said Iraqis who violate international conventions or US law during the conflict could face military tribunals or trial in US District court. US war crimes ambassador Pierre-Richard Prosper said Iraqi courts are favored by the Bush administration for prosecuting past abuses, from the gassing of Kurds in northern Iraq to systematic repression. He said the development of Iraq’s legal system requires the process to have “indigenous roots.’’
“For the past crimes, it’s an Iraqi-led process. They’re going to be out front. It’s a matter of us offering assistance so that this will be fair,’’ Prosper said. He held out the possibility that Iraqis could seek an international tribunal and said Iraqis inside Iraq would have a voice. But the administration has concluded, he said, that Iraqi expatriates favor trials by Iraqi jurists.
Acknowledging that Iraq’s legal system needs an overhaul, Prosper said US participation could be “substantial, depending on what the needs are.’’ The administration is prepared to provide money, logistical support and staff, he said.
International human rights officials condemned the proposal. Iraqi courts will not be equipped to handle such explosive cases soon, they said, and the existence of US backing would undermine the perception of justice.
