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Saddam Hussein's defence lawyers will argue that he has immunity from prosecution at his trial in Iraq later this month, according to a London-based member of his legal team.
Lawyer Abdel Haq Alani told the BBC the former president will challenge the legality of the special tribunal, due to open inside Baghdad's fortified Green Zone on 20 October.
"He had full immunity under the prevailing Iraqi constitution and you cannot have a retroactive legislation that removes that immunity," Alani said in an interview late on Thursday.
Iraqi officials say the only charge against Saddam so far is the killing of more than 140 men in the mostly Shia village of Dujail after a failed 1982 assassination attempt against him.
Alani said the defence will argue that those killed had been found guilty under Iraq's laws and Saddam's only role was to sign their death warrants.
IRAQI CONSTITUTION 1970
Article 40 Immunity
The President of the Revolutionary Command Council, the Vice-President, and the members enjoy full immunity. No measures can be taken against any of them without a priori permission of the Council.
Originally posted by ArchAngel
If it were to come out later that some of the Foreign Judges on the Special Tribunal were responsible for denying Saddam True Justice we could make him into the greatest Marytr of the modern age.