Giovanni Di Stefano [Studio Legale Internazionale, Rome]: "Below are the names of those Iraq detainees who are subject to a 2004 agreement between the UK/Italy and the Iraqi government witnessed by the US Government that whilst capital punishment can be imposed as a sentence cannot actually have such sentence executed. All were 'captured' or surrendered in 2003 in the early stages of the occupation and before the Iraqi Government was 'officially' formed.
It follows that both the United Kingdom and Italy, being signatories to the European Convention on Human Rights, could not ever place themselves 'at risk' of being in violation of such repudiating capital punishment yet assisting in the apprehension of those that would be potentially subjected to such.
It was for these reasons that in late 2005 the Attorney General, Lord Goldsmith repudiated the Agreement between the UK and the Iraqi Government in training lawyers and judges in England that would become prosecutors/judges/investigators. In 2005 over 90 Iraqi lawyers that were being trained in England had their courses cancelled without notice.
Those detainees captured exclusively with the aid of the United States mostly post 2004 are subject to not only the imposition of capital punishment but the execution of such. Only those that were captured during the 'coalition triumvirate' of US/UK and Italy are subject to the said agreement.
It is not excluded that there are others that also cannot be executed by means of capital punishment but these on the list below are those that are certain.
1. Saddam Hussein
President of Iraq, commander-in-chief of military :: Captured by coalition forces 13 December 2003
War crimes "claims" against the Iraqi leader include genocide of the Kurds, "ethnic cleansing" in which Kurds, Turkmen and Assyrians around the oil-rich city of Kirkuk were expelled as part of an "Arabisation" programme, mass civilian executions after the Kurdish and Shia uprisings in 1991, and religious persecution. Sentenced to death.
2. Taha Yassin Ramadan
Vice-president :: Taken into custody 18 August 2003
The 65-year-old vice-president and commander of the popular army was known as Saddam Hussein's "enforcer". He is "accused" of complicity in the occupation of Kuwait. He is also "accused" of involvement in the alleged repression of Shia Muslims who rose up against the regime in 1991 and of the alleged killing of thousands of Kurds in the town of Halabja in 1988 when the town was attacked with poison gas bombs. Life imprisonment.
3. Tariq Aziz
Deputy prime minister :: Surrendered 24 April 2003
The only Christian in the leadership was at Saddam Hussein's side from the 1950s. The 67-year-old deputy prime minister is one of the most well-known faces of the former regime in the West. As a member of the Revolutionary Command Council, he is accused by Indict, a British organisation which gathers evidence against former Iraqi leaders, of complicity in war crimes against Iran, Kuwait and his own people. No formal indictment has been levied against him to date. Applications to the Supreme Court of the United States and to the Inter-American Commission on Human Rights pending.
4. Abid Hamid al-Tikriti
Presidential secretary :: Taken into custody 18 June 2003
One of Saddam Hussein's closest aides, Abed Hamoud controlled access to the president and was frequently at his side. He is said to have directed matters of state and handed down many of the regimes so called repressive orders. The US says he was also authorised to deploy weapons of mass destruction. No weapons of mass destruction were ever found. No knowledge of any formal indictment has been levied against him to date.
5. Ali Hasan Majid
Presidential adviser, southern region commander :: Captured by coalition forces 21 August 2003
Saddam Hussein's cousin, Ali Hasan Majid, was known as "Chemical Ali" for his alleged role in the use of poison gas against Kurds in 1988. He had earlier been reported killed in a coalition air strike on his house in Basra. On trial.
6. Sultan Hashim Ahmad al-Tal
Minister of defence :: Surrendered 19 September 2003
Sultan Hashim Ahmad al-Tal was rumoured to have collaborated with the US military during last year's invasion of Iraq. On trial.
7. Aziz Salih al-Numan
Baath Party regional commander, militia commander :: Taken into custody 22 May 2003
The former governor of "occupied Kuwait and commander of the popular army in Kuwait is accused of complicity in alleged atrocities allegedly carried out on Kuwaiti citizens. He was governor of the Karbala and Najaf areas in the 1970s and 1980s and is believed to have been involved in the destruction of Shia Muslim shrines during that time. No knowledge of any formal indictment has been levied against him to date.
8. Barzan Ibrahim Hasan al-Tikriti
Baath party official :: Taken into custody 16 April 2003
The former director of the Iraqi intelligence service, or Mukhabarat, which is believed to have tortured and murdered thousands of opponents of the regime. He is a former ambassador to the UN in Geneva. Sentenced to death.
9. Watban Ibrahim al-Tikriti
Baath Party official :: Taken into custody 13 April 2003
Saddam Hussein's half-brother and former intelligence minister. The former interior minister is believed to have been involved in repressing the 1991 uprisings. No knowledge of any formal indictment has been levied against him to date.
10. Muhammad Hamza al-Zubaidi
Central Euphrates region commander :: Taken into custody 21 April 2003
Former deputy prime minister and member of the Revolutionary Command Council (RCC) Mr al-Zubaidi was captured by pro-US Free Iraqi forces on 21 April. No knowledge of any formal indictment has been levied against him to date.
11. Kamal Mustafa Abdallah Sultan Tikriti
Republican Guard secretary :: Surrendered 17 May 2003
General Sultan spent almost his entire career in the Republican Guard and is considered to be part of Saddam Hussein's inner circle. His brother is married to the former leader's youngest daughter, Hala. No knowledge of any formal indictment has been levied against him to date."
Giovanni Di Stefano is an international lawyer with Studio Legale Internazionale in Rome, Italy, who has worked on the defence of Saddam Hussein and currently represents Tariq Aziz.