Wednesday, Jun 16, 2004
US officials in Baghdad moved to plug their first public rift with Iraq's new government yesterday, insisting they remained committed to handing over Saddam Hussein to Iraqis for trial, but not within two weeks as Iraq's prime minister has insisted.
Dan Senor, coalition spokesman, said that while the US occupation of Iraq would end on June 30, coalition forces had no obligation to hand over the former Iraqi leader and other prisoners of war while fighting continued.
"A state of hostilities continues," he said. "Technically he (Saddam Hussein) still could be a prisoner of war. We have no reservations with an Iraqi trial, we have only legal concerns," Mr Senor told the FT.
The dispute broke after Iyad Allawi, Iraq's prime minister, called on the US to hand over Iraq's toppled president for trial with the handover of sovereignty to the interim government on June 30. "The transfer of Saddam Hussein and the others (former Iraqi leaders now in detention) will take place within two weeks," Mr Allawi told al-Jazeera, the satellite television channel, on Monday.
The International Committee of the Red Cross said yesterday that all Iraqi prisoners detained by coalition forces after June 30 would continue to be covered by the Geneva Conventions protecting prisoners of war and civilians in times of war.
Antonella Notari, chief spokeswoman for the Geneva-based ICRC, said that under the Geneva Conventions prisoners of war and civilian detainees must be freed at the end of hostilities, or charged if they are suspected of a crime.
She said June 30 was not a cut-off date. The Geneva Conventions applied "to the reality as it is on the ground" and not to political declarations by the parties.
The handover threatened to be marred by further legal wrangling over Iraqi calls for foreign contractors to be subject to Iraqi law.
Coalition officials cite a decree issued by Paul Bremer, chief US representative in Iraq, giving foreign contractors immunity when carrying out their work.
"These foreign contractors that are here to help get the country back on track would have some limited immunity," said Mr Senor, "but outside of their respon-sibilities, any contractor engaged in criminal activity is not granted immunity."
Mr Senor also sought to ease Iraq's demands, expressed most recently by the new president, Ghazi al-Yawar, that the US hand back the Republican Palace, Saddam's former seat, where the occupation administration has its headquarters.
"No one intends to use the space permanently," said Mr Senor, but added that the US required the heavily-fortified building to accommodate what would be one of its largest embassies.
Earlier Mr Yawar said he had asked the US that "the palace be vacated in the fastest opportunity for us to use it as Iraqis, as a Republican Palace or a museum". Observers warned US occupation of the palace might anger Iraqis, already suspicious that the handover could be a sham. Karzai in Washington, Page 11 www.ft.com/iraq
By NICOLAS PELHAM and FRANCES WILLIAMS
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