Iraq vs. Jawad JamailWar Crimes in Iraq (1980-2003)  |
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From 1983 to 2003 Jawad Jamail served as adjutant to Saddam Hussein, rising in rank from lieutenant to major in the army of Iraq. During this time, he was responsible for transmitting orders from the president to his military and security forces as well as clarifying questions about how those orders were to be enforced. After the fall of Baghdad in 2003, he escaped the city with the former president and helped him find a series of safe houses. It was Jamail who supplied the “spider hole” where Hussein was ultimately captured. Jamail was apprehended in Turkey and has been accused of the following: the use of poison gas against Iranians during the Iran-Iraq war in the 1980s and chemical weapons on Halabja, which killed up to 5,000 people. Additionally he is charged with committing crimes against humanity and genocide against the Marsh Arabs and Shi’a Arabs in southern Iraq, as well as against Iraqi Kurds in northern Iraq. Jamial claims that he did nothing more than transmit the decisions of a sovereign head of state to officials and that international courts have no jurisdiction over him. This court must decide whether Jamail should be transferred to The Hague and tried before the International Criminal Court under the rules of international law. As prosecutors, you will argue that international law applies and Jamail should stand trial. As defense attorneys, you will argue that Jamail should not be subjected to international criminal law and not transferred to The Hague.
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