Iraq 'needs legal expertise before Saddam is tried'

Iraq does not have the legal expertise to decide Saddam Hussein’s judicial fate, a legal expert said today.

But there may be sufficient Iraqi lawyers in exile who are prepared to return home to make a trial possible, Stephen Jakobi, director of Fair Trials Abroad, said.

Politicians and campaigners are now engaged in debate over how to deal with Saddam. An international tribunal or a trial under the Iraqi legal system have been mooted as two possible options.

Mr Jakobi said: “Are the Iraqis capable of running such a trial?

“To which the answer has got to be, with all the experience we have had with countries like Spain and Portugal coming out of a repressive era, a resounding ‘no’.”

He added: “But the problem is can we find sufficient Iraqi talent and experience to run a complex trial and appeal, involving a limited number of descendants over a lengthy period of time? The answer is maybe.

“A number of exiles may well have resumed legal careers in mature justice systems in the world.”

Other countries may also have strong claims to try Saddam, he added: “What about the claims of Iran and Kuwait? With what happened in the first desert war, Kuwait’s claims are as strong as anybody’s.”