The absence of the Saddam and his seven co-accused was the latest setback to mar the unruly trial since it opened in a blaze of publicity in October, almost two years after the capture of the ousted president.

"Because of the persistence of Saddam Hussein, Barzan al-Tikriti, Taha Yassin Ramadan and Awad al-Bandar not to attend, the court has decided not to call them for this session and to review their opposition," said chief judge Rauf Rasheed Abdel Rahman at the opening of the hearing.

He said he decided to start the hearing without the other four accused who were behaving "in a chaotic manner" outside the courtroom prior to the session -- leaving three rows of empty black seats in the dock.