[Kevin]

A frightening thing that Tim Hughes, one of Saddam's lawyers said:

"Any trial in Baghdad will not be fair." Under Iraqi law Saddam remains president of Iraq because he was overthrown in an illegal invasion, Hughes said. Therefore, he said, Saddam still has immunity from prosecution."

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Here's a quote from the same CNN article I used to get the above clip. It speaks a little about the actual law that's in play here:

"In an interview with CNN, Feisal al-Istrabadi, the principal drafter of the transitional administrative law, was asked about the availability of war crime evidence if Saddam didn't sign documents approving the actions he is suspected of spearheading.

"The crimes of the regimes were not few and were not small in scale. You are talking about mass public executions. For instance in 1969 there were mass public executions on TV of 13 men."

***

So they are currently under some kind of transitional administrative law if that answers your question.