Özet:

After Iraq war, Saddam Hussein and his co-defendants accused of committing genocide, crimes against humanity, war crimes commited between 1968 and 2003. It has been claimed that the widespread and systematic violence and atrocities of the Ba’athist regime caused nearly five hundred thousand deaths and numerous human rights abuse. The question of which institution should try Saddam Hussein and his co-defendants was discussed by The United States, the United Nations, and nongovermental organizations in different platforms. There were several alternatives from purely international courts to hybrid international domestic tribunals to domestic courts which would receive some degree of international support and assistance. Although international judicial experts indicated the advantages of an international criminal court with domestic participation, Iraqi Governing Council decided to establish a domestic tribunal . However, the choice of a domestic court raised serious concern about the competence and impartiality of judges due to the fact that tribunal would only be consisted of Iraqi judges. It is argued that the Tribunal has been far from to conduct a fair trial regarding witness protection, the presumption of innocence and the principle of equality of arms

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