Saddam's Demise, Like His Rule, Was a Travesty of Justice

Published on Tuesday, January 2, 2007 by CommonDreams.org
by Stephen Zunes

The execution of Saddam Hussein, though he was undeniably guilty of a notorious series of crimes against humanity, represents a major setback in the pursuit of justice in Iraq. The trial and the sentence were both problematic. The opportunity for future trials, and to present evidence of U.S. complicity in some of Saddam's crimes, has been lost. And the overall message -- that leaders face justice only if they run afoul of U.S. authority - undermines international legal norms. It is impossible to mourn the passing of the tyrant. Unfortunately, it is all too easy to mourn the manner of his demise. The political implications of his execution may set back efforts for peace and reconciliation in Iraq. Trial and Sentence

Saddam's trial was no paragon of justice. The prosecution failed to disclose key evidence to Saddam's attorneys and denied the right of the defendant to confront witnesses. Three defense lawyers and a witness were assassinated. The first presiding judge resigned, and the second engaged in a series of outbursts that undermined his impartiality. Louise Arbour, the UN High Commissioner for Human Rights, called for the postponement of the execution, observing that "there were a number of concerns as to the fairness of the original trial, and there needs to be assurance that these issues have been comprehensively addressed."

Despite President George W. Bush's insistence that it was a fair trial, Amnesty International noted that "the execution appeared a foregone conclusion, once the original verdict was pronounced, with the Appeals Court providing little more than a veneer of legitimacy for what was, in fact, a fundamentally flawed process." However guilty Saddam may be of the charges against him, his execution without a fair trial allows Saddam's supporters to continue to deny the crimes themselves. Saddam Hussein was tried by a judicial body set up under the occupation authority of a foreign government that illegally invaded his country. Indeed, U.S. government lawyers largely drafted the rules governing the tribunal. The Bush administration also contributed more than $100 million to build the special courtroom and provided the prosecution with advisers, lawyers and forensic investigators. If viewed as "victor's justice," Saddam Hussein's execution will appear to have resulted not from an objective assessment of the seriousness of his crimes but because he was on the losing side of a war.

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