<B>Saddam </B>Hussein could face the death penalty. Only last week the Iraqi Governing Council announced that a special tribunal would be set up to try former members of the Baathist regime.

One of the Council?s members Ahmed Chalabi said Saddam Hussein would be brought before the tribunal.

Discussions about the nature of the court have been going on between the coalition and the Iraqi Governing Council for months. The Iraqis insisted that they should try Saddam Hussein and his associates, not an international tribunal. The coalition was keen to ensure that whatever procedures were chosen would be seen to be fair.

The court will be staffed by Iraqis. Judges will be appointed by the Governing Council. It will be a civilian court. Defendants will have lawyers. The trials will be open. ?This court will try cases of genocide, crimes against humanity and war crimes committed from 17 July 1968 ? when Saddam took power ? until 1 May 2003 ? when he lost power,? said Council member Abdul al-Aziz al-Hakim.

<B>Human rights concerns </B>

The tribunal will look at the campaign against the Kurds in the 1980s ? including the use of poison gas at Halabje ? the suppression of revolts by Kurds and Shias after the first Gulf War, the brutality against the Marsh Arabs, and crimes committed during the wars against Iran and Kuwait.

A spokesman for the Iraqi National Congress, which is represented on the Governing Council, said: ?The Governing Council will take it upon itself to try them and punish them according to law. That includes Saddam Hussein, the biggest criminal.?

But some human rights groups say an international tribunal and no death penalty, would be preferable. Kenneth Roth, Executive Director of Human Rights Watch said recently: ?An internationally-led tribunal would be a far better option for Iraq, whether a fully international tribunal as the ones established for Rwanda and former Yugoslavia or a mixed national-international tribunal as the one set up for Sierra Leone.?

?Because its personnel would be selected by the United Nations rather than by Washington?s surrogates, an internationally-led tribunal is more likely to be seen as legitimate. And because it can draw from a global pool of talent, it is better able to secure experienced and fair-minded jurists.?

Another pressure group, Indict, which has gathered evidence about crimes committed by Saddam Hussein and his henchmen over the years, says that either a trial or a tribunal would be acceptable.

?Saddam Hussein, members of his family and other Iraqi officials committed genocide, war crimes, crimes against humanity and torture. Indict seeks to bring leading members of the former regime to justice in national courts or before an international tribunal,? it says. Indict says it has a fat file full of eyewitness accounts which it is willing to be used as evidence.

British MP Ann Clwyd, who is Chair of Indict, commented on Saddam Hussein?s capture: ?The alleged atrocities committed by Saddam Hussein throughout his murderous reign are the worst since World War Two. He is accused of war crimes, crimes against humanity and genocide ? crimes that caused the Iraqi people untold suffering over many decades?.

?The fact that Saddam has been caught is great news for the Iraqis, great news for Tony Blair and great news for George Bush. I hope that the Iraqi people will now have a period of stability so that they can rebuild their country after the years of Saddam Hussein?s dictatorship.?

Paul Reynolds