The new interim government of Iraq is to get legal custody of Saddam tomorrow.
It will also be given responsibility for 11 top Baathist officials, but the US military will retain physical custody, Iraqi Prime Minister Iyad Allawi told a press conference today.
Mr Allwai said that Iraqi legal proceedings against Saddam would begin within a few days but that his trial would not start for several months.
"This government has formally requested the transfer of the most notorious and high profile detainees," Mr Allawi said.
"Saddam Hussein along with up to 11 other high value detainees will be transferred into the legal custody of Iraq tomorrow."
Mr Allawi said that more than one million Iraqis are missing as a result of events that occurred during the former regime.
He said the Iraqi Cabinet was still discussing whether to reinstate the death penalty. Justice Minister Malik Dohan al-Hassan said Saddam could have foreign lawyer - if Iraqi lawyers' association agrees.
Agencies