L. Paul Bremer, Coalition Provisional Authority

“ In accordance with Iraqi criminal procedure, each Tribunal Investigative Judge shall have the
power to issue subpoenas, arrest warrants and indictments with respect to individuals that they
are investigating. ”

“ In considering the penalty to be imposed on a person convicted of a crime under the present
Statute, the Tribunal shall take into account the extent to which any penalty imposed by an Iraqi
court on the same person for the same act has already been served. ”

“ No person shall be tried before any other Iraqi court for acts for which he or she has already
been tried by the Tribunal, in accordance with Articles 300 and 301 of the Iraqi Criminal
Procedure Code. ”

“ The non-Iraqi advisors and observers referred to in the above paragraph shall also be persons
of high moral character, impartiality and integrity. In this regard, it would be preferable that
such non-Iraqi advisor or observer shall have the following experience: (i) such person shall have
acted in either a judicial or prosecutorial capacity in his or her respective country, or (ii) such
person shall have experience in international war crimes trials or tribunals.
PART SIX
Tribunal Investigative Judges
Article 7. ”

“ A person convicted of:
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1. An offence involving murder or rape as defined under Iraqi law; or
2. An offence ancillary to such offence of murder or rape,
shall be dealt with as for an offence of, as the case may be, murder or rape or the
corresponding ancillary offences in relation to murder or rape. ”

“ Violations of Stipulated Iraqi Laws
Article 14.
The Tribunal shall have the power to prosecute persons who have committed the following
crimes under Iraqi law:
a) For those outside the judiciary, the attempt to manipulate the judiciary or involvement in
the functions of the judiciary, in violation, inter alia, of the Iraqi interim constitution of
1970, as amended;
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b) The wastage of national resources and the squandering of public assets and funds,
pursuant to, inter alia, Article 2 (g) of Law Number 7 of 1958, as amended ”

“ Utilizing the presence of a civilian or other protected person to render
certain points, areas or military forces immune from military operations;
24. Intentionally directing attacks against buildings, material, medical units
and transport, and personnel using the distinctive emblems of the Geneva
Conventions in conformity with international law;
25. Intentionally using starvation of civilians as a method of warfare by
depriving them of objects indispensable to their survival, including willfully
impeding relief supplies as provided for under international law ”

“ The transfer, directly or indirectly, by the Government of Iraq or any of its
instrumentalities (including by an instrumentality of the Arab Socialist Ba’ath
Party) , of parts of its own civilian population into any territory it occupies, or
the deportation or transfer of all or parts of the population of the occupied
territory within or outside this territory ”

“ In any other way contributes to the commission or attempted commission of such
a crime by a group of persons acting with a common purpose. Such contribution
shall be intentional and shall either:
i.
Be made with the aim of furthering the criminal activity or criminal
purpose of the group, where such activity or purpose involves the
commission of a crime within the jurisdiction of the Tribunal; or
ii.
Be made in the knowledge of the intention of the group to commit the
crime;
5.
In respect of the crime of genocide, directly and publicly incites others to commit
genocide ”

“ In accordance with this Statute, and the provisions of Iraqi criminal law, a person shall be
criminally responsible and liable for punishment for a crime within the jurisdiction of the
Tribunal if that person:
1. ”