Backdrop

The story of the West’s complicity in many of the tyrant’s most horrific crimes will remain untold, at least by the one man who could have spelled it out most clearly. With the questioning of Saddam Hussein in front of the Iraqi High Criminal Court on October 19, 2005, a trial began that has been labelled by some as “the trial of the century”. Whether this is true or not, the proceedings in Baghdad received high publicity and were under close scrutiny by major human rights organizations, legal experts, and indeed the general public, as the news coverage was extensive. Though Iraq was officially a republic, governed by a ruling council, Saddam as the President of Baath party effectively ruled it as a dictator without opposition. Saddam repressed movements he deemed threatening to the stability of his rule, particularly those of ethnic or religious groups that sought independence or autonomy, such as Iraq's Shia Muslim, Kurdish and Iraqi Turkmen populations.

Saddam's government collapsed as a result of the 2003 invasion of Iraq by an international coalition led by the United States, and he was captured by American forces on December 2003. A few weeks later, he was charged by the Special Tribunal with crimes committed against the inhabitants of Dujail in 1982, following a failed assassination attempt against him. Specific charges included the murder of 148 people, torture of women and children and the illegal arrest of 399 others.

Saddam Hussein was found guilty of crimes against humanity and sentenced to death by hanging. He was ultimately hanged on December 30, 2006. His execution devolved into an unruly scene that brought worldwide criticism of the Iraqi government. Video of the execution, recorded on a cell phone camera, showed the former dictator being taunted on the gallows.


The Trial of Al- Dujail - A Travesty of Justice

On 19th October 2005, the 67-year-old deposed Hussein appeared confident and defiant throughout the 46-minute hearing. In this trial there were seven other former Iraqi official along with Hussein who were charged under Iraqi Law Number 10 for the killing of 148 Shiites from Dujail, in retaliation for the failed assassination attempt of 8 July 1982.

The co-defendants with Hussein were Barzan Ibrahim al-Tikriti (his half-brother and former chief of intelligence); Taha Yassin Ramadan (former Vice-President); Awad Hamed al-Bandar Al-S'adun (a former chief judge); Mizher Abdullah Roweed Al-Musheikhi, (son of Abdullah Kadhem and a Al-Dujail Baath party official); Abdullah Kadhem Roweed Al-Musheikhi; Ali Daeem Ali and Mohammed Azawi Ali (All three were Al-Dujail Baath party officials).

As in his pre-trial appearance, Hussein at the opening of his trial on 19 October appeared defiant and rejected the tribunal's legitimacy and independence from the control of foreign occupation.

"I do not respond to this so-called court, with all due respect to its people, and I retain my constitutional right as the President of Iraq", Hussein declared. He added, "Neither do I recognize the body that has designated and authorized you, nor the aggression because all that has been built on false basis is false. When the judge asked for his name, Hussein said "I am the President of the Iraq", refused to state his name, but returned the question, asking Kurdish Judge Rizgar Mohammed Amin, "Who are you? I want to know who you are." When Amin addressed Hussein as "the former president", Saddam objected emphatically, saying he was still the President of the Republic of Iraq and had not been deposed.

After the charges were read to them, all eight defendants pleaded not guilty. The first session of Hussein's trial lasted three hours. Thereafter, the court adjourned the case, as some of the witnesses were too frightened to attend, and also to allow the defence more time to study evidence. After this, Hussein was called by the prosecution as a witness. On the stand, he began making political statements, insisting he was still President of Iraq. He got in an argument with the judge, who eventually closed the trial to the public in response.

On 19th June 2006, the Chief Prosecutor Jaafar al-Moussawi called for death penalty for Hussein and four other defendants. The suspects faced execution by hanging if convicted and sentenced to death. Furthermore, Hussein's chief Defense lawyer, Khamis al-Obeidi, was assassinated in Baghdad a couple of days after this. In protest of the lack of international protection for lawyers, Hussein began a hunger strike.

Subsequent to all these legal inconsistencies, two of Saddam Hussein's lawyers, Ramsey Clark, a former US Attorney-General, and Curtis Doebbler, held a press conference at the National Press Club in Washington, D.C., to call for immediate security for all the Iraqi Defense lawyers and to complain in a lengthy and documented statement of the unfair trial being conducted by the American authorities using Iraqis as a front. The two lawyers claimed that the United States had refused to provide adequate protection for the Defense lawyers despite repeated requests that were made and that the United States was intentionally conducting an unfair trial.

The Outrageous Hanging of the Dictator

On 5th November 2006, Saddam Hussein was sentenced to death by hanging, for the killing of 148 Shiites from Dujail, in retaliation for the assassination attempt of 8 July 1982. When the judge announced the verdict, Hussein shouted, "Long live the people. Long live the Arab nation. Down with the spies. God is great." Chief Defense lawyer Khalil al-Dulaimi later quoted a statement from Saddam Hussein given just before the Court issued its verdict. Saying that the former Iraqi President urged his countrymen to "unify in the face of sectarian strife". Al-Dulaimi also added that Hussein's message to the people was to "pardon and do not take revenge on the invading nations, its civilians".

An appeal, mandated by the Iraqi judicial system, followed. There was speculation that the appeals could last years, postponing his actual execution. However, on 26 December, Hussein's appeal was rejected and the death sentence was given. No further appeals were possible and Hussein had to be executed within 30 days of that date. The decision still had to be ratified by the Iraqi President but could not be commuted. Judge Arif Shaheen, one of the nine appeal judges, said, "It cannot exceed 30 days. As from tomorrow the sentence could be carried out at any time. The appellate court has issued its verdict. What we have decided today is compulsory."

On 30th December 2006 at approximately 6:05am Baghdad time, Saddam Hussein's sentence was carried out and he was executed by hanging.

The Hullabaloo: International Voices

There were Appeals by Vatican and the UN for clemency for Iraqi leader. There were also requests from the Government of Yemen and Libya to spare Saddam’s life. But all the pleas were in vain because the Iraqi Government officials had pre-decided that he would be executed before the New Year dawned. The appellate court ruled that the sentence of death by hanging should be carried out within 30 days but the American-Installed Iraqi Government preferred to carry out two days before the holy feast of Id- ul – Adha. This was actually just to ridicule Islam and depict the superiority of Christianity.

Furthermore, Iraqi Tribunal chose the incident of murder of 148 people in Dujail as it was very well documented and relatively clear and simple case. But if we ponder on the fact that more than 150 people were dying on an average daily under American occupations in “peace restored” Iraq the former crime fades in respect of equality.

In response to the killings of defence attorneys, the Iraqi Bar temporarily boycotted the court and the defence several times requested the trial to be moved to a location outside Iraq. The court has however rejected and dismissed the motions filed, apparently without providing any written explanation or statement elaborating on its ruling.

Imposing death penalty; was especially wrong after such unfair court proceedings. The court that tried Saddam Hussein was funded by the US to the tune of $ 75 million for its installation and training of court staff. According to the New York Times, some of the trial judges are also relying on American officials to arrange green cards for them to move to the U.S. after the trials are over, as taking part in the trial would end any prospect of leading a normal life in Iraq.

However, the trial is also being perceived as closely connected to the heavily criticized U.S. led invasion of Iraq that has been claimed by many to infringe International law principles and was founded on assumptions which turned out to be false. Saddam’s Lawyer called the trial as "a flagrant violation of international law" and the execution as an unfortunate display of arrogant aggressor's injustice by the United States of America under the leadership of none other than President George W. Bush.

Lessons for the future

The trial and execution of Saddam was all about revenge and display of power, not justice and international peace. Unethical completely also, as the video footage of the hanging was made public, to the gross extent that in certain clips of the footage, one can even hear sounds of the witnesses taunting Saddam. In spite of this apparently unfair trail and the subsequent execution, U.S. President George W. Bush stated that he wished the execution "had gone on in a more dignified way."

This gives a big blow to achievements in international criminal law spanning over many decades and sends a clear message to people all over the world that the United States' aggression and Big Brother attitude cannot be checked, controlled or stopped by Law. It was truly a sad day for the international community and regretful beginning in a new year.
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SIDDHARTH TATIYA AND SAURABH SHARMA are law students from Gujarat National Law University, Gandhinagar (Ahmedabad) who wrote this report for India Law Journal. Siddharth can be contacted at siddharthtatiya@hotmail.com.