Fatal Errors: The Trial and Appeal Judgments in the Dujail Case

This commentary reviews the written judgments of both the FirstTrial Chamber and the Appeals Chamber of the Iraqi High Tribunal(IHT) in the Dujail case. The article considers the key substantiveand procedural findings by the Trial Chamber and Appeals Chamberand evaluates the decisions’ consistency with internationalcriminal law. It concludes that the decisions made serious errorsin their application of international criminal law principlesgoverning the knowledge and intent of the defendants, and alsoin respect of findings of fact concerning the knowledge andintent of the defendants. These errors appear closely connectedto the failure of the investigative judge and prosecution topresent evidence which was essential to establish knowledgeand intent in the manner required by international criminallaw. The article concludes that many aspects of the convictionswere unsustainable as a matter of fact and law. It ends by reflectingon some of the factors which contributed to the failure of theIHT to produce a credible verdict.