A special Iraqi court will try Saddam Hussein in absentia for crimes against humanity, if the fugitive dictator is not caught or killed, and bring key members of his regime before the tribunal, officials said on Wednesday.

Officials from the Iraqi Governing Council told a news conference US officials had agreed to hand over top Saddam loyalists in detention to face trial by an Iraqi tribunal formally established on Wednesday.

"Saddam Hussein will be accused and charged with committing crimes against humanity and the Iraqi people. He will certainly come under the jurisdiction of this court," said Ahmad Chalabi, a senior member on the US-backed Governing Council.

American officials hope prosecuting Saddam's top lieutenants will bolster support for the Governing Council and convince Iraqis the old regime will not return.

Efforts to rebuild the country have been thwarted in part by an insurgency the US military blames on Saddam loyalists and foreign fighters. Two more US soldiers were killed in northern Iraq on Wednesday.