Former premier Dr Mahathir Mohamad is to spearhead the Kuala Lumpur War Crimes Commission, under which a tribunal will be set up to 'try' world leaders for alleged war crimes.

The tribunal, to be set up next month, will hear complaints from victims of alleged torture and rape in particular and is expected to 'try' those accused, including world leaders.

"The accused might disregard it, but there are people who would take this seriously. Historians, for example, would attach (to) the names of these people these labels which I don't think they would like. They are going to go down in history as war criminals," Mahathir said at a press conference in Putrajaya to announce details of the tribunal today.

Earlier this month, he had described US President George W Bush and British Prime Minister Tony Blair as worse than former Iraqi president Saddam Hussein.

Saying the tribunal would not be afraid to try government leaders, he said ways would be worked out to punish them "even if a certain person is head of a government".

Mahathir, who chairs the Perdana Global Peace Organisation (PGPO), said the tribunal will be set in motion after the international conference on criminalising war to be held in Kuala Lumpur from Feb 5-7.

The three-tier structure consists of a six-member commission, a nine-member tribunal and a eight-member legal team. The majority of those involved are Malaysian lawyers and former judges, but also includes former US Attorney-General Ramsay Clark (see Chart).

Mahathir's aide Matthias Chang, who was at the press conference, will head the legal team.

Chang said at least 17 victims of war from Palestine, Iraq and Lebanon will speak of their experience during the conference and provide evidence of alleged war crimes by way of statutory declaration.

"These victims are prepared to swear on oath in writing. That evidence will be presented to Mahathir as chairman of commission, to look into complaints," he said.

"The commission will study the complaints in detail and will make recommendations in a two-step process as to whether the matter should proceed to trial. This is to ensure transparency and no tampering of evidence."

Chang said the victims "are asking us to help" and have asked NGOs to represent them and present their case.

"The victims' cries for justice have fallen on deaf ears, (so) they have come to Mahathir. (This commission is being set up) in response to that cry for help," he explained.

Shame-game

Mahathir stressed that the move does not commit the Malaysian government to anything and that it is "purely a NGO effort".

"This is not (something for) show. This is a serious thing...in the past, courts have been set up but they didn't have the aura of a court. This is going to be done properly," he said.

Asked about the form of punishment to be meted out, he said ways would be worked out.

"I feel that the one punishment that most leaders are afraid of is to go down in history with a certain label attached to them. These people will always be called 'war criminals' whenever their name is mentioned. Wherever they go, they will be greeted by placards by NGOs that call them 'war criminals'," he said.

"This is the kind of punishment we can (mete out) to them simply because we cannot arrest them, we cannot detain them, and we cannot hang them the way they hanged Saddam Hussein."

Mahathir said those accused would be given every opportunity to sent their representatives.

"Maybe if they are heads of government, they might send one person from the legal department. They are welcome. This is an open thing. This is not a secret thing like the kangaroo court which tried and sentenced Saddam."

He further said he hoped the tribunal would garner international support and that he is open to the idea of the tribunal being moved to another location, so long as it is in a "safe" place.

"In some countries, it's really not safe. (During) the trial of Saddam in Iraq, three of his lawyers were killed... Malaysia is not that dangerous. If you can find another place that is not that dangerous, it's all right," he said.

Mahathir also said the PGPO will fund the initiative, although all 23 members will serve on a voluntary basis.

"We are asking for donations from interested people. It has not been easy to get people to donate. We are tight (for funds)," he said.

The PGPO, themed 'Expose war crimes: Criminalise War', will showcase an interactive exhibition on tortures inflicted on detainees held at the Abu Ghraib and Guantanamo prisons.

The conference will also highlight atrocities committed in Bosnia, Iraq, Palestine, Lebanon and Vietnam, as well as the nuclear devastation of Hiroshima and Nagasaki during World War II.