The Case of Baha Mousa and the Iraq Situation: ‘Formidable Hurdles’ to Getting to the International Criminal Court

Abstract

On the morning of 14 September 2003 members of the First Battalion of the Queens Lancashire Regiment (1 QLR) raided the hotel Ibn Haitham in Basra, Iraq during Operation Salerno. They made six arrests, including 26 year old Baha Mousa, who were taken to a temporary detention facility (TDF) at the old secret service headquarters of Ali Hassan Abd al-Majid al-Tikriti ‘Chemical Ali’. They were supposed to be transferred within 14 hours to the Temporary Internment Facility at Camp Bucca in Southern Iraq. Instead they remained at the TDF until September 16. Throughout this period they were badly beaten by a number of soldiers. Baha Mousa died at the TDF around 10:20 pm on Sunday 15th September; he had 93 distinct injuries.