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Header Header 12 May 2008
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Bringing Iraqi war criminals to justice

INDICT was established in late 1996 to campaign for the creation of an ad hoc International Criminal Tribunal - similar to those established for the former Yugoslavia and Rwanda - to try leading members of the former Iraqi regime on charges of war crimes and crimes against humanity, including genocide and torture. The campaign was launched in the House of Commons and in the US Senate and remained dependent on voluntary donations and assistance until it was awarded a financial grant through the Iraq Liberation Act, passed by the US Congress in December 1998, which allocated funds to various Iraqi opposition groups and specifically allocated money for war crimes issues.

Despite overwhelming evidence that Saddam Hussein and other members of his regime committed such crimes, the UN Security Council has failed to respond to the demands of the victims for justice. The proposed permanent International Criminal Court will not have jurisdiction over the crimes already committed by Hussein and his henchmen, who continued to violate human rights until the regime fell.

Faced with these obstacles, in 1999 INDICT began to focus on collecting evidence to seek indictments by national prosecutors. The arrest in October 1998 of former Chilean president Augusto Pinochet in the UK, based on a warrant issued by a Spanish judge, showed that prosecution of crimes against humanity could occur anywhere - when law enforcement authorities are willing to take action.

The efforts of INDICT and other organizations campaigning for justice in Iraq succeeded in preventing members of the former regime who have committed crimes against humanity from travelling with impunity. In August 1999, for example, Izzat Ibrahim al-Douri, a senior member of the regime responsible for planning genocide and other crimes against humanity, fled Vienna, where he had come for medical treatment, following attempts to secure an indictment against him. In late 2002, Saddam's half brother, Barzan al-Tikriti, was expelled from Switzerland after a complaint filed by INDICT accusing him of genocide and torture was received by the Swiss authorities. A case filed by INDICT in 2001 was credited as preventing Tariq Aziz, Iraq's Deputy Prime Minister, from travelling to Europe.

INDICT has filed cases in the UK, Holland, Belgium, Switzerland and Norway, and had prepared cases for filing in Germany and several other European countries. In December 2002 INDICT filed a complaint with the Ethics Commission of the International Olympic Committee against the Iraqi Olympic Committee and its president, Uday Saddam Hussein, for the torture of Iraqi sportsmen. This directly led to the disbandment of the Iraqi Olympic Committee in May 2003.

INDICT participated in the Transitional Justice Working Group, a group of Iraqi lawyers and judges who prepared detailed plans for war crimes trials to be held in Iraq once the rule of law is re-established. INDICT is committed to assisting the Iraqi people achieve justice and reconciliation following the removal of Saddam Hussein and his regime.

The chair of INDICT is Ann Clwyd MP, who is also Chair of the UK All-Party Parliamentary Human Rights Group. Other members of the board include senior members of the Iraqi opposition, human rights activists and leading international lawyers. The work of INDICT has been supported by former US President Bill Clinton, former UK Prime Ministers Baroness Margaret Thatcher and John Major, and by UK Prime Minister Tony Blair, among others.

INDICT's Work

INDICT has collected evidence to be used in the prosecution of senior members of the former Iraqi regime for war crimes and crimes against humanity. Twelve main targets have been identified for prosecution, and INDICT is still working with law enforcement authorities in several countries to prepare cases against these men. INDICT's staff of researchers and lawyers have interviewed witnesses, collected evidence and prepared legal briefs in order to provide prosecutors with the basis for bringing charges. The information collected by INDICT will also serve as the basis for the work of an international tribunal, or a commission of experts, if created by the UN Security Council, or by domestic courts in Iraq, once a democratic government has been established.

Although the record of Saddam Hussein and the Iraqi regime was well known, it can often be difficult to prove all of the elements necessary for a prosecution. INDICT is particularly interested in obtaining evidence or testimony demonstrating the personal culpability of senior members of Saddam's regime for war crimes, crimes against humanity, torture and genocide. INDICT encourages anyone with this kind of evidence to contact us by telephone at +44 207 219 6609, by fax at +44 207 219 5943, or by email at info@indict.org.uk. We will take all necessary measures to ensure confidentiality, and to protect the identity of anyone who comes forward with information.

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