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9.4  |  June 2005 to May 2006
The Iraqi Special Tribunal
On 19 October, the Iraqi Special Tribunal (IST) began the first trial of Saddam Hussein.
He and a number of his senior aides were charged with killing 148 Shia men from Dujail in
1982, following an attempt there on Saddam Hussein’s life.162 All eight defendants pleaded
not guilty. The trial was adjourned until 28 November.
Although Human Rights Watch raised concerns about prospects for a fair trial, a
spokesman for the Iraqi Government said:
“Iraqis have not forgotten yet that the reason why the country is in such a mess, it’s
because one man stole the will of 27 million people for 35 years and pushed them
into wars and misery.”
Two defence counsel were killed, and a third wounded, in two separate incidents
on 20 October and 8 November.163 As a result the trial was adjourned once again to
5 December to allow time for replacement counsel to be found.164
Lord Goldsmith, the Attorney General, told Cabinet on 27 October that there were huge
challenges in providing security for the court and protection for those participating.165
The trial was not, as some alleged, being orchestrated by the US and the UK – “we had
simply provided support for the Iraqis”.
A second set of proceedings against Saddam Hussein commenced on 21 August 2006.
These concerned the accusation of genocide against the Kurds in the Anfal campaign in
the late 1980s, for which Saddam Hussein and six other defendants stood accused.
While the proceedings in relation to the Anfal charges were continuing (and before what
was expected to be a series of other proceedings against Saddam Hussein had been
commenced), the IST reached its verdict on the first (Dujail) trial. On 5 November 2006,
Saddam Hussein was sentenced to death for the Dujail killings. He was executed on
30 December 2006.
372.  On 19 October, Secretary Rice told the US Senate Foreign Relations
Committee that she believed the US could “assure victory” in Iraq, by majoring on the
“clear‑hold‑build” concept.166 She explained:
“We are moving from a stage of transition toward the strategy to prepare a
permanent Iraqi government for a decisive victory … With our Iraqi allies, we are
working to:
Clear the toughest places – no sanctuaries to the enemy – and disrupt
foreign support for the insurgents.
162  BBC News, 19 October 2005, Defiant Saddam pleads not guilty.
163  BBC News, 21 October 2005, Saddam trial lawyer is found dead; BBC News, 8 November 2005,
Saddam trial lawyer is shot dead.
164  BBC News, 28 November 2005, Saddam team looks for new lawyers.
165  Cabinet Conclusions, 27 October 2005.
166  Secretary of State Condoleezza Rice Iraq and US Policy to US Senate Committee on Foreign
Relations’, 19 October 2005.
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