The Trial of Saddam Hussein

by Al-Ani, Abdul-Haq

• ISBN13: 9780932863584
• ISBN10: 0932863582
• Format: Paperback
• Copyright: 2008-05-01
• Publisher: Clarity Pr

Summary

Intended to validate the Iraq Invasion and an emergent Iraqi democracy, the Tribunal became a show-trial micro-managed by the US. The trial of Saddam Hussein marks the first time since the UN was created that a head of state has been put on trial by an i

Author Biography

Dr. Abdul-Haq Al-Ani is an Iraqi-born, British-trained barrister who served as legal adviser on Saddam Hussein's defense to his daughter, Raghad Saddam Hussein

Table of Contents

Preface	p. 11
Baghdad College	p. 11
Joining the Ba'ath	p. 13
Genocide against Iraq	p. 16
Why Did I Get Involved?	p. 21
How I Became Involved	p. 26
The Ba'ath and Saddam Hussein	p. 29
The Birth of Arab Nationalism	p. 29
The Birth of the Ba'ath	p. 30
The Significance of the Ba'ath	p. 31
The Uniqueness of Iraq in the Arab-Muslim World	p. 34
The Marginalization of the Shi'a in Modern Iraq	p. 35
The Birth of the Ba'ath in Iraq	p. 36
Enter Saddam Hussein	p. 38
The Ba'ath Revolution against Qasim	p. 39
Disintegration and Restructuring of the Ba'ath	p. 41
The Ba'ath, 1964-1966	p. 42
The Iraqi Ba'ath, 1966-1968	p. 43
The Ba'ath Party in Power, 1968-1979	p. 45
The Law of Autonomy for the Kurds	p. 45
The Nationalization of Oil	p. 46
Successful Domestic Development	p. 47
Saddam Hussein Takes Charge: The Ba'ath, 1979-1990	p. 49
The Iraq-Iran War, 1980-1988	p. 50
The Kuwait Disaster, 1990-	p. 55
The Genocidal Blockade of Iraq, 1991-2003	p. 58
The Failure of Arab Nationalism	p. 59
Pre-Planning for Regime Change	p. 63
US Imperialism and Zionism	p. 63
The Iraq Liberation Act	p. 66
The Future of Iraq Project (FIP)	p. 68
Rumsfeld's Statement after the September 11 Attacks	p. 76
The Attack on a Restaurant in Baghdad	p. 77
The Downing Street Memo	p. 78
Blair's Statement to Parliament	p. 79
Eurocentrism, International Law, and the Invasion of 2003	p. 81
The Ramifications of Eurocentrism	p. 81
International Law: A Failed European Project	p. 82
Which Law, Then?	p. 92
Misconceptions	p. 92
The International Criminal Court Jurisdiction	p. 93
Resolution 1483	p. 94
The Genocidal Sanctions Contravened the Genocide Convention	p. 95
The Crime of Aggression	p. 96
The US General View of International Law	p. 99
The Security Council and the Charter	p. 101
The Illegality of the 2003 Invasion	p. 101
Could the Security Council Have Given Authority to Attack Iraq?	p. 104
The Occupation of Iraq During Bremer's Rule	p. 108
Letter from the UK/US to the Security Council on Their Intentions in Occupying Iraq	p. 109
US/UK Crafting of Resolution 1483	p. 111
Obligations of Occupiers under International Law	p. 113
Security Council Resolutions Post Invasion	p. 116
The Arrival of Paul Bremer	p. 120
The CPA Institutes Systemic Change in Iraq	p. 121
The Iraq Constitution of 1970	p. 122
Regulation No. 1	p. 123
Regulations, Orders and Memoranda	p. 125
De-Ba'athification Is a Crime Against Humanity	p. 142
The CPA Sets Up Iraq's Transitional Administrative Law (TAL)	p. 143
The Arrest and Detention of Saddam Hussein	p. 144
Breaches of Protocol I	p. 146
The Creation of the Iraqi Special Tribunal	p. 152
The US/UK Seek a Trial Venue	p. 153
The Future of Iraq Project and the Transitional Justice Report	p. 156
The CPA's Crimes Against Humanity Investigations Unit	p. 159
The CPA Sets Up the Iraqi Special Tribunal	p. 161
Selection of the Tribunal's Staff	p. 165
The Regime Crimes Liaison Office (RCLO)	p. 168
Cherry-picking the Crimes: Why Dujail?	p. 175
The Iraq-Iran War Events, 1982	p. 176
Da'wah Party Involvement	p. 178
Making the Tribunal "Iraqi"	p. 181
Establishing the Iraqi High Tribunal (IHT)	p. 181
The Principle of Retroactivity	p. 182
The IHT Recognizes the Retroactivity Issue	p. 184
The Immunity of Heads of State	p. 187
Developing the IST/IHT Statute and Rules	p. 188
To Establish Special Courts-Or Not to Establish Special Courts	p. 189
The IHT Statute: The IST Statute in Sheep's Clothing?	p. 190
General Failures of the Statute and Rules	p. 203
Elements of a Fair Trial	p. 206
The Trial	p. 207
The Offense	p. 207
The Venue	p. 208
The Sessions	p. 208
An Appropriate Defense Obscured and Prevented	p. 248
Analysis of the Outcome	p. 249
The Failures of the Prosecution's Case	p. 250
The Failures of the Trial	p. 259
The Official Language of the Trial	p. 259
US Control of All Aspects of the Trial	p. 260
Independence and Political Interference	p. 265
Biased and Incompetent Judges	p. 269
The Right to a Fair Trial	p. 274
Minimum Guarantees of the Right to a Fair Trial	p. 276
Failures in Keeping Evidentiary Records	p. 293
Failure to Provide Written Decisions	p. 296
Judgment, Sentence, Appeal and Execution	p. 301
Sentence	p. 301
Observations on the Tribunal's Judgment	p. 304
Crimes and the Tribunal's Jurisdiction	p. 306
Analysis of the Tribunal's Judgment on Jurisdiction and Crimes	p. 306
Summary of the Tribunal's Judgment on Its Jurisdiction and Crimes	p. 316
Summary Refutation of the Jurisdiction of the Tribunal	p. 318
Immunity of a Head of State	p. 318
Were the Acts Criminal?	p. 320
The Tribunal's Analysis of the Case against Saddam Hussein	p. 329
Summary of Prosecution Witnesses' Statements	p. 329
Tribunal's Summary of Saddam Hussein's Statement	p. 330
Summary of Defense Witnesses' Statements	p. 333
Questions Specifically Relative to Saddam Hussein	p. 333
Evidence and Inferences Against Saddam Hussein	p. 326
Extent of Saddam Hussein's Responsibility	p. 339
Conclusion on Tribunal Judgment	p. 343
The Appeal	p. 343
Is the Death Sentence Available under Iraqi Law?	p. 349
The Execution	p. 350
The Iraqi High Tribunal and the Evolution of International Law	p. 354
Conclusion	p. 356
Chronology of Events in IRAQ July 1958-December 2006	p. 360
Letter to the Security Council from the Permanent Representatives of the UK and the US	p. 396
Law of the Supreme Iraqi Criminal Tribunal	p. 398
Index	p. 413
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