Background Briefing

The Poisoned Chalice: A Human Rights Watch Briefing Paper on the Decision

The Poisoned Chalice

A Human Rights Watch Briefing Paper on the Decision of the Iraqi High Tribunal in the Dujail Case

Related Material

Download PDF file of this briefing paper
(202 kb, 35 pages)

Judgement of the Dujail Trial at the Iraqi High Tribunal: English Translation
(275 pages, 993 kb)

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I. Introduction

II. Judgment of the Trial Chamber

Substantive Issues

Senior Defendants—Saddam Hussein, ‘Awwad al-Bandar, Barzan al-Tikriti and Taha Yassin Ramadan

Relevant Legal Principles—Joint Criminal Enterprise

Relevant Legal Principles—Command Responsibility

Erroneous Holdings in the Trial Chamber Decision—Knowledge and Intent

Factual Holdings

Conviction of Senior Defendants for “Other Inhumane Acts”

Lower-level defendants—‘Abdullah Kadhim Ruwayid, Mizher ‘Abdullah Kadhim Ruwayid and ‘Ali Dayeh ‘Ali al-Zubaidi

Procedural Issues

Trial Chamber’s Finding on Disclosure of Evidence

Trial Chamber’s Finding on Security for Defense Counsel

Response to Defense Motions

III. Judgment of the Appeals Chamber

IV. Conclusion

June 2007 Number 1