Following the fall of Saddam Hussein in 2003, the transitional authorities in Iraq established a tribunal to try crimes committed under his regime. As the provisional authority ceased to exist in 2005 and Iraq moved to self-government under its newly adopted constitutionm the ISTS was replaced by Law No. 10 of 2005, or the Law of the Iraqi High Tribunal.
The Iraqi High Tribunal (IHT) represents an important legal precedent for the establishment of a special tribunal to address the crimes committed by ISIL in Iraq. Unlike previous international tribunals, the IHT was not established by a treaty or a UN resoltion but through a national statute from the Interim Governing Council, which was appointed by the Coalition Provisional Authority. The Iraqi High Tribunal tribunal was established to deal with the crimes of genocide, crimes against humanity and war crimes committed from 17 July 1968 to 1 May 2003, aimed at prosecuting Saddam Hussein and members of the Baathist regime. The Law also authorized prosecution at the tribunal of certain other Iraqi penal statutes.
The IHT does in fact embody substantive elements of Iraqi law with those of international criminal law, thus allowing for the prosecution of the crimes of genocide, crimes against humanity and war crimes which, to date, are not codified within the Iraqi penal code. The Rules of Procedure and Evidence of the IHT constituted an amended version of the pre-existing Rules of Procedure and Evidence of Iraq, and some of the jurisdiction of the IHT stemmed directly from the Iraqi Criminal Procedure Code of 1971.
Statute of the Iraqi High Tribunal (EN) – http://gjpi.org/wp-content/uploads/2009/02/iraqstatuteengtrans.pdf