Saddam Hussein's Trial: Concerns Over Fairness and Competence

Strategic Insights -

Saddam Hussein will appear in an Iraqi court on Wednesday, 22 months after his capture, to face charges for the brutalities he inflicted on his fellow Iraqis. However, the trial is stirring concern about its fairness and competence, with Western human rights groups and legal experts warning that the former dictator may not receive a fair trial. The special Iraqi tribunal established to conduct the trial has chosen a narrow case to answer the widespread yearning for Mr. Hussein to be held accountable for his crimes, despite the pressure from Iraqi leaders to hasten the trial.

Key Takeaways:

  • The trial of Saddam Hussein will focus on the execution of over 140 men and teenage boys in Dujail, a mostly Shiite market town north of Baghdad, in 1982.
  • The Iraqi tribunal has been criticized for its handling of the trial, with concerns over its fairness and competence, and the interference of Iraqi politicians in the process.
  • Western human rights groups and legal experts have warned that the probable outcome of the trial, a death sentence, will be seen as "victor's justice" and undermine the tribunal's credibility.
  • The Iraqi leaders have forced the appointment and dismissal of several tribunal officials, including a new charter for the tribunal that critics say narrows defendants' rights.
  • The trial has attracted the attention of international observers, including human rights and legal monitoring groups, who are concerned about the legitimacy and fairness of the tribunal.

Statistics:

  • At least 300,000 Iraqis, mostly Shiites and Kurds, were killed by Saddam Hussein's machinery of repression, according to Iraqi and Western human rights groups.
  • The tribunal has gathered about 40 tons of documents from government agencies that oversaw Saddam Hussein's repression.
  • The trial of Saddam Hussein is the first case to be prosecuted by the special Iraqi tribunal, and will be followed by other trial cases involving tens of thousands of victims and nearly 300 mass graves.

Sources:

  • The New York Times, November 17, 2005
  • Human Rights Watch, November 14, 2005
  • Amnesty International
  • Agence France-Presse -- Getty Images
  • The White House, The State Department