Saddam Hussein will be tried before a civil court under a law adopted by Iraq's interim Governing Council last week. Mr Nasir Chadirji, a council member and author of the law, told The Irish Times that the trial must be conducted in Iraq.
"We [the 25 members of the council] will not accept any other venue. It also must be public, unless he asks for certain sessions to be held in camera and the court agrees. The court will provide him with every protection.
"He can be represented by a lawyer of his own choosing, including a lawyer from outside Iraq. If he does not select a lawyer, the court will provide him with one at state expense.
"He will be tried for crimes committed both inside and outside Iraq. The court has the authority to try the accused as prisoners of war."
While the new law, comprising 24 pages of text, does not impose the death penalty, there is provision for the court to refer to previous laws in force in the country. This means that the death penalty cannot be ruled out.
Mr Chadirji said the law had many new features which Iraq's former legal system did not have. These include the right to remain silent which, Mr Chadirji said, had never been part of Iraqi practice. He continued: "The accusations against Saddam and others must be made in full, and the details must be made public." Those sentenced under the new law could appeal to a higher court.
Crimes against humanity and genocide have been added to Iraqi law, which formerly had some provisions for the protection of human and civil rights. These have been expanded.
A public prosecutor will interrogate accused persons and prepare the case against them. The council will order the prosecutor to begin the interrogation and preparation of charges. The court will decide whether Saddam will be tried for "all his \ crimes or samples. Otherwise the trial will last for more than 10 years".
All the other persons included on the US wanted list will be subjected to trial before this court, which will be a special, temporary court.
Mr Chadirji said the council was authorised to adopt the law by UN Security Council resolutions 1483 and 1511 which empowered the US-led Coalition Provisional Authority. The head of the authority, Mr Paul Bremer, signed the law.
Judges and prosecutors have not yet been chosen, and the system has not been designed, but Mr Chadirji believes that this could be done within three months. He said the council would oppose taking Saddam Hussein out of Iraq but would not be able to prevent the US military from doing so.
Mr Chadirji, who broke news of the capture of Saddam to the Arab world at noon local time on Sunday, said this event had had "a powerful psychological impact on Iraq although the fugitive former president was not responsible for the resistance [to the US occupation]".
Baathists saw him as their leader, he said. Many non-Baathists were paid to support him.
People were afraid to support the council because they thought Saddam might come back and punish them by executing their families. He was capable of razing entire cities. Some people believed he would never be captured, Mr Chadirji said.
Now he had been captured Iraqis, including council members, were eager for sovereignty to be handed over to them.
However, Mr Chadirji said he believed that the US would not pull completely out of his country.
"The US will withdraw from the cities but will stay in Iraq. We will oppose this," he said.