Saddam's Trial and the Question of Jurisdiction in National and International Law

The capture of Saddam Hossein, former president of Iraq, has raised seriously the question of his trial for the crimes that he has committed against the Iraqi people during his reign and against his neighbors on the occasion of his aggressions to Iran and Kuwait. Considering the great harms inflicted to Iran and the damages to the international public order, the peace and the security of international community caused by Saddam, this article treats respectively the jurisdiction of Iranian tribunals and the international penal instances to try the seniors of former Iraqi regime. After examining the effectives and restrictions of these systems, the article tends to show the way, which appears to ensure better a fair trial for all defendants in order to protect their rights to defence and the rights of the victims.