Practice Relating to Rule 158. Prosecution of War Crimes
In its judgment in the Al-Dujail appeal case in 2006, the Appeals Chamber of the Iraqi High Tribunal stated:
[T]his Court Chamber believes that all States realize that certain common bonds exist that bind all peoples and their cultures which form a common heritage and that this fabric cannot be torn apart, and that millions of women, men and children have fallen victims during the last century to unimaginable horrors which have strongly shaken the human conscience; and whereas these serious crimes threaten the peace, security and prosperity of the world and arouse the concern of the entire international community and must not be allowed to pass without punishment and prosecuting their perpetrators in an effective way through measures taken at the national level that aim to put an end to letting the perpetrators get away with these crimes. As such, it is the duty of the State to exercise its criminal jurisdiction against those responsible for committing international crimes since the crimes of which the defendants are accused of in the Dujail case form both international and domestic crimes and committing them constitutes a violation of international criminal law and human rights law, while at the same time violating Iraqi laws.
In its judgment in the Al-Anfal appeal case in 2007, the Appeals Chamber of the Iraqi High Tribunal stated:
… it is the duty of the State to practise its criminal jurisdiction upon those who were responsible for committing international crimes, because the actions committing by the convicted consider as national and international crimes, and when they committed it they violated international, criminal and human law.
Iraq’s Constitution (2006) states: “Political asylum shall not be granted to a person accused of committing international or terrorist crimes or to any person who inflicted damage on Iraq.”