IRAQ: A special Iraqi court will try Saddam Hussein in absentia for crimes against humanity, if the fugitive dictator is not caught or killed, and bring key members of his regime before the tribunal, officials said yesterday.
Officials from the Iraqi Governing Council told a news conference that US officials had agreed to hand over top Saddam loyalists in detention to face trial by an Iraqi tribunal formally established yesterday.
"Saddam Hussein will be accused and charged with committing crimes against humanity and the Iraqi people. He will certainly come under the jurisdiction of this court," said Ahmad Chalabi, a senior member on the US-backed Governing Council.
American officials hope prosecuting Saddam's top lieutenants will bolster support for the Governing Council and convince Iraqis that the old regime will not return. Efforts to rebuild the country have been thwarted in part by an insurgency the US military blames on Saddam loyalists and foreign fighters.
Since his removal from power in April, officials have announced the discovery of 260 suspected mass graves across the country, which could contain up to 300,000 bodies.
Of the 55 Iraqis on a US most-wanted list, 38 have been captured and two killed. Officials say trials would begin next year with the prosecution of some of the 38 detained in custody.
"We agreed that those who have been accused and detained would be handed over to this historic court," Abdel Aziz al-Hakim told a news conference. He called the creation of a tribunal to try crimes against humanity and of genocide a "great achievement for the Governing Council in Iraq".
The announcement that the Iraqi court would seek to account for Saddam's murderous rule came as guerrillas killed two US soldiers in attacks in the northern city of Mosul.
One US soldier from the 101st Airborne Division was killed in a drive-by shooting and another died when a roadside bomb was detonated beside a convoy. Residents said after each incident US troops opened fire and civilians were caught in the crossfire.
UN Secretary-General Mr Kofi Annan said yesterday Iraq was still too dangerous for UN international staff to return but indicated he was willing to play a bigger role once the US-led occupation ended.
Mr Annan, in a 26-page report to the Security Council, also called on the US to show the Iraqi people they respected international law by treating prisoners properly and making sure innocent civilians were protected even in the face of provocative attacks.
He announced the appointment of an expert in humanitarian affairs, Mr Ross Mountain of New Zealand, who would serve as an interim chief of mission until a special representative is appointed to replace Sergio Vieira de Mello, one of 22 people killed in the August 19th bombing of UN headquarters in Baghdad.