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FOXNews.com - Top Stories - Saddam Could Face Special Tribunal

Lt. Gen. Ricardo Sanchez , the top U.S. military commander in Iraq, said the American-led coalition must still decide on Saddam's status.

"At this point, that has not been determined. We continue to process Saddam at this point in time, and those issues will be resolved in the near future," Sanchez told reporters at the coalition's Baghdad headquarters.

Before Saddam's capture, top U.S. officials in Baghdad had privately acknowledged the former dictator likely would be handed over to the new Iraqi government to stand trial.

Amnesty International, however, criticized the new Iraqi tribunal as flawed. It demanded that Saddam -- as commander in chief of Iraq's armed forces -- be classified as a prisoner of war.

The legal codes for the new, five-judge tribunal, were based on international law, including existing U.N. war crimes tribunals -- such as those for Rwanda and the former Yugoslavia -- and those used by the International Criminal Court.

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"Saddam will stand a public trial so that the Iraqi people will know his crimes," said Ahmad Chalabi, another member of the Governing Council.

Human rights activists also welcomed Saddam's arrest because of accusations he committed gross human rights violations, including war crimes and crimes against humanity.
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Human rights groups cautioned that the Iraqi decree establishing the new tribunal was fundamentally flawed because it was proclaimed by an unelected body and without consultation with the Iraqi people or the international community.

Activists also said the decree did not ensure that guilt must be proven beyond reasonable doubt.

'Another concern is the death penalty,' Shoueiry said. 'He should be punished for his crimes, but the death penalty is not included. That goes without saying.'

Like other human rights groups, Amnesty International is vehemently opposed to capital punishment, and has repeatedly called for the abolition of the death penalty throughout the world.

New York-based Human Rights Watch also warned that the new tribunal law lacked key provisions to ensure legitimate and credible trials.

It also said the authorities must not be allowed to mount a political show trial, adding that foreign prosecutors and investigative judges should be called in because the Iraqi judicial system lacked experience in organizing trials 'lasting more than a few days.'

'It's ... important that the trial is not perceived as vengeful justice,' said Kenneth Roth, the group's executive director."

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