Saddam on Trial

by Scharf, Michael P.; Mcneal, Gregory S.

• ISBN13: 9781594603044
• ISBN10: 1594603049
• Format: Paperback
• Copyright: 2006-09-01
• Publisher: Carolina Academic Press

Summary

Saddam Hussein. Derided as "the Butcher of Baghdad," he was charged with the mostserious crimes known to mankind. On October 19, 2005, the ruthless Iraqi leader and seven of his henchmen began a legal battle of epic proportions, with their lives literally in the balance. The first of several planned trials before the Iraqi High Tribunal focused onthe destruction of the town of Dujail and the torture and murder of its inhabitants in retaliation for a 1982 failed assassination attempt.Billed by the international media as "the real trial of the century," the televised proceedings were punctuated by gripping testimony of atrocities, controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment, hunger strikes, and even underwear appearances.Was it a mistake to try Saddam in Baghdad before a panel of Iraqi judges? Was the Iraqi High Tribunal a legitimate judicial institution? Were the proceedings fundamentally fair? Did the judges react properly to the defendants' attempts to derail the proceedings? Did the Prosecution prove its case? Did Saddam have any valid defenses? What precedents did this extraordinary trial set? Saddam on Trial: Understanding and Debating the Iraqi HighTribunal provides the reader with a thorough understanding of these and a host of other issues related to the Saddam Trial. The text offers a series of essays, in which leading international and criminal law experts discuss and debate more than thirty discrete questions raised by the trial. The book also includes a psychological profile of Saddam Hussein, a chronology of events related to the charges, a glossary of key legal terms, a synopsis of the charges and applicable law, a summary of the evidence and testimony, an analysis of the judgment, and English translations of the Tribunal's Statute, Rules, and other relevant instruments.Saddam on Trial is designed for law students, undergraduates, academics, journalists, and general readers. The book will be useful as a supplement for any law school course on International Law, International Criminal Law, International Humanitarian Law, or National Security Law. It is also suitable for undergraduate Foreign Relations, Public Policy, or Criminal Justice courses. An accompanying Teacher's Guide contains suggested questions and answers, debates, simulations, and role play exercises designed to facilitate use of the book as a teaching tool.

Table of Contents

Background	p. 3
Events leading to the creation of the IHT	p. 9
Legal authorities for the creation of the Iraqi high tribunal	p. 15
Saddam Hussein : a political psychology profile	p. 23
The Iraqi high tribunal	p. 57
Basic information about the Iraqi high tribunal	p. 57
Dramatis personae	p. 60
Saddam Hussein and the charges against him	p. 63
Can Saddam Hussein get a fair trial? - a debate between Saddam's lawyer and Michael P. Scharf	p. 66
A timeline of the Dujail trial	p. 76
Expert analysis of discrete issues	p. 83
Does it make good sense to start with the Dujail case, rather than a greater atrocity like the Anfal campaign?	p. 83
Does Saddam Hussein have a right to represent himself?	p. 84
Does Saddam Hussein have a right to represent himself?	p. 87
Should the Saddam Hussein trial be televised?	p. 88
Should the Saddam Hussein trial be televised?	p. 90
The IHT should consider appointing foreign judges to enhance the legitimacy and capacity of the court	p. 91
Sex matters : the invisibility of women at the Iraqi tribunal	p. 95
What if a different U.S. strategy had built a different court for Iraq?	p. 98
Legitimacy of the August 11, 2005 revised Iraqi high tribunal statute	p. 101
Should Saddam Hussein be exposed to the death penalty?	p. 102
Should Saddam Hussein be exposed to the death penalty?	p. 104
Should Saddam Hussein be exposed to the death penalty?	p. 106
Does the IHT protect the basic right to the assistance of counsel?	p. 107
Should the IHT engage in plea bargaining?	p. 109
Should the IHT engage in plea bargaining?	p. 111
Whose justice anyway?	p. 112
What will Ramsey Clark's participation mean for the Saddam Hussein trial?	p. 115
What will Ramsey Clark's participation mean for the Saddam Hussein trial?	p. 117
Was the first day of the trial a success?	p. 119
The significance of the kidnapping/murder of defense counsel	p. 121
The significance of the kidnapping/murder of defense counsel	p. 123
Should the IHT relocate outside of Iraq?	p. 125
Should the IHT relocate outside of Iraq?	p. 126
Who won the battle of wills in the December proceedings of the Saddam trial?	p. 128
Who won the battle of wills in the December proceedings of the Saddam trial?	p. 129
Who won the battle of wills in the December proceedings of the Saddam trial?	p. 129
Who won the battle of wills in the December proceedings of the Saddam trial?	p. 131
Who won the battle of wills in the December proceedings of the Saddam trial?	p. 132
Who won the battle of wills in the December proceedings of the Saddam trial?	p. 132
What will happen if the tribunal finds that Saddam Hussein was in fact tortured by his American jailors?	p. 134
A changing of the guard at the Iraqi tribunal	p. 136
Resignation casts terrible pall over tribunal	p. 138
The winds of public opinion	p. 139
A changing of the guard at the Iraqi tribunal	p. 140
De-baathification and transitional justice	p. 141
An assessment of Ra'uf Abdel-Rhaman's first day as presiding judge - chaos in the courtroom : so what's new?	p. 142
The battle of the wills - part two	p. 143
A turning point in the Saddam trial	p. 144
Can the defense team be held in contempt of court for its antics?	p. 145
What can the tribunal do about Saddam Hussein's hunger strike?	p. 147
The defense boycott of the defense closing arguments	p. 149
Has the Iraqi tribunal learned the lessons of the milosevic trial?	p. 151
Has the Iraqi tribunal learned the lessons of the milosevic trial?	p. 154
Comparing the trial to international standards of due process	p. 155
Did the Dujail trial meet international standards of due process?	p. 162
Fixing the legitimacy deficit in the Saddam Hussein trial	p. 166
Looking beyond due process	p. 169
Does Saddam Hussein have a viable defense based on the necessity to combat insurgents and terrorists?	p. 172
Can the defendants raise the "Tu Quoque" defense?	p. 173
When witnesses get cold feet - manage your witnesses	p. 176
Saddam's admission : I am responsible	p. 177
Saddam's admission : I am responsible	p. 179
Saddam can handle the truth - the tyrant takes full responsibility for the actions of his government	p. 180
Hussein : "I'm responsible" an admission of control but not of guilt	p. 182
What is the significance of the documents entered into evidence by the prosecution?	p. 183
Execution order #3, documentary vs. testimonial evidence?	p. 185
Is the execution order the prosecution's "smoking gun" against Saddam?	p. 186
Show trial or real trial? - a digest of the evidence submitted during the prosecution's case-in-chief	p. 188
The case against the lesser-known defendants	p. 196
The case against the lesser-known defendants	p. 197
The significance of defendant Al-Bandar's testimony - judgment at Nuremberg revisited	p. 199
The significance of the testimony of Tariq Aziz - not just another witness	p. 201
What must the prosecution successfully address in its closing argument to win the case?	p. 204
An assessment of the prosecutor's closing argument	p. 207
Response to professor Scharf's analysis of closing arguments	p. 208
What is the relationship between the Saddam trial and the level of violence in Iraq?	p. 210
What is the relationship between the Saddam trial and the level of violence in Iraq?	p. 210
What historical narratives are the Iraqi trials developing?	p. 212
What happens to the Saddam trial if Civil War consumes Iraq?	p. 215
Did the Anfal operations constitute genocide?	p. 218
The significance of the Anfal campaign indictment	p. 220
The significance of the Anfal campaign indictment	p. 222
The significance of the Anfal campaign indictment	p. 224
Shouldn't Saddam Hussein be prosecuted for the crime of aggression?	p. 225
Looking forward : the trial in a broader context	p. 229
Is the Saddam Hussein trial one of the most important court cases of all time?	p. 229
Is the Saddam Hussein trial one of the most important court cases of all time?	p. 230
Lessons from the Saddam trial	p. 232
The trial of Saddam Hussein, lessons learned thus far	p. 238
The Saddam trial - lessons in international justice	p. 240
Lessons from Al Dujail : the first, but not final, IHT trial	p. 242
Post-conflict justice in Iraq : is the glass half-full, half-empty, or is it a phyrric achievement?	p. 245
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