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The Prosecutions Department 

Article 8.

 

a) The Prosecutions Department shall be responsible for the prosecution of persons responsible for crimes within the jurisdiction of the Tribunal.

 

b) Each Prosecutor shall act independently. He or she shall not seek or receive instructions from any Governmental Department or from any other source, including the Governing Council or the Successor Government.

 

c) The Prosecutions Department shall consist of up to twenty Prosecutors.

 

d) Prosecutors are to be nominated and appointed by the Governing Council or the Successor Government after consultation with the Judicial Council.

 

e) The Prosecution Department shall be headed by a Chief Prosecutor, who shall be selected from among the Prosecutors.

 

f) (1) A prosecutor shall be disqualified for any of the following reasons:

 

i) He or she has a criminal record including a felony unless the felony is a political or false charge made by the Ba'ath Party regime;

ii) He or she has made a material misrepresentation; or

iii) He or she fails to carry out his or her duties without good reason.

 

 

(2) The decision to disqualify a Prosecutor shall be taken by the Chief Prosecutor, after conducting appropriate investigations.

g) Each Office of the Prosecutor shall be composed of a Prosecutor and such other qualified staff as may be required.

 

h) The Chief Prosecutor shall assign individual cases to a Prosecutor. Such Prosecutor shall have the right to be involved in the investigative stages of a case and shall be the individual who prosecutes such case, consistent with the powers granted to prosecutors pursuant to Law Number 23 of 1971 (Iraqi Criminal Procedure Law).

 

i) Each Prosecutor shall be appointed for a term of three years. The terms and conditions of service shall be those of prosecutors of the Iraqi judicial system as set out in Law Number 159 of 1979 (The Law of Prosecutors), save that matters of compensation shall be set by the Governing Council or the Successor Government.

 

j) The Chief Prosecutor shall be required to appoint non-Iraqi nationals to act in advisory capacities or as observers to the prosecutors. The role of the non-Iraqi nationals and observers shall be to provide assistance to the prosecutors of the Tribunal with respect to the investigations and prosecution of cases covered by this Statute (whether in an international context or otherwise), and to monitor the performance of the Prosecutor. In appointing such advisors, the Chief Prosecutor shall be entitled to request assistance from the international community, including the United Nations.

 

k) The non-Iraqi advisors and observers referred to in this Article shall also be persons of high moral character, impartiality and integrity. In this regard, it would be preferable that such non-Iraqi advisor or observer shall have the following experience: (i) such person shall have acted in a prosecutorial capacity in his or her respective country, or (ii) such person shall have experience in international war crimes trials or tribunals.

Article 9.

 

a) The Administration Department shall consist of a Director of the Administration Department and such other staff as may be required.

 

b) The Administration Department shall be responsible for the administration and servicing of the Tribunal and the Prosecutions Department.

 

c) The Director of the Administration Department shall initially be appointed by the Governing Council or the Successor Government. He or she shall serve for a three year term and be eligible for reappointment. The terms and conditions of service of the Director of the Administration Department shall be those of a General Director in an Iraqi government department .

 

d) The staff of the Administration Department shall be appointed by the Director of the Administration Department.