Death or Prison – Iraq Delivers its Verdict

- Vanessa Johnston

When Saddam Hussein was discovered lurking in a little hole, looking uncharacteristically unkempt and powerless, republicans celebrated an event that they felt legitimized their controversial war. After all, there weren’t any weapons of mass destruction, but Saddam was a brutal dictator who had killed thousands of his own people; surely the Americans and the British were right to rid the world of him. Earlier this month, Saddam Hussein was found guilty of crimes against humanity and was sentenced to death by hanging by the Iraqi Higher Criminal Court. Since Saddam’s capture, a lot has changed. The Republicans haven’t managed to rally support for the war, as demonstrated by the results of both the mid-term elections and their failure to get other countries on-board, and now the world is even divided on how Saddam Hussein should be punished.

Like the Iraq war, the United States is isolated from most other western countries on the issue of capital punishment and accepts the practice in a number of states. It is no surprise then that President Bush praised the result, declaring, “Saddam Hussein’s trial is a milestone in the Iraq people’s efforts to replace the rule of a tyrant with the rule of law. It’s a major achievement for Iraq’s young democracy, and its constitutional government.”

On the other hand, the EU, and Tony Blair, stated their adamant opposition to capital punishment in any cases and under any circumstances. Under any circumstances? The traditional arguments for and against capital punishment don’t seem to fit a criminal of Saddam Hussein’s stature who has been accused of premeditated murder, torture, forced expulsion and disappearance of the residents of one Shia Muslim town, and even genocide. The debate over Saddam’s sentence taps into so much more than a mere debate over modes of punishment; it also taps into how people felt about the fairness of the trial in general and the way in which Saddam was removed from power.

Questions have arisen as to why Saddam’s trial was held in a national court as opposed to the International Criminal Court where other dictators have faced prosecution when his trial dealt with international law. Furthermore, the Iraqi Higher Criminal Court was set-up under U.S.-UK occupation and is in the hands of what some fear are inexperienced judges and the Iraqi national assembly who may not be capable of giving Saddam a fair trial. The idea was to demonstrate Iraq’s sovereignty to the world, but the trial has been anything but smooth-sailing, and the constant upsets have led many Iraqis to be skeptical of the trial’s legitimacy.

Despite the ins and outs of the trial, many people around the world are relieved to see Saddam Hussein finally brought to justice. For some, his death will mean assurance that he will never regain his power, while for others it will mean a lost opportunity to eventually know the truth. The EU presidency of Finland wrote on their website: “Establishing the truth and ensuring accountability for the crimes committed during the past regime will assist in furthering national reconciliation and dialogue in Iraq in the future.” With Saddam dead, he will no longer be able to testify for the other offences he’s accused of. Other opponents of the death penalty fear that Iraq has already seen enough violence and the hanging of Saddam could lead to increased instability in the country.

The trial of Saddam Hussein could never have been nor never will be fair since the circumstances under which he was ousted from power were completely illegal and immoral. While liberals condemn both the war and the practice of capital punishment, the Iraqi people should, at the very least, be able to determine the fate of their dictator, under whose rule they so brutally suffered. While there can be much debate as to whether or not this entire situation should have happened or not, the reality is that it has happened and the only way to move is forward. Iraq has had enough of the U.S. and Britain’s patriarchal interference in their affairs and should now be able to exercise its sovereign right, no matter how flawed and disordered the system may be today. Though Bush is resented for forcing Americans into a war that has caused colossal damage, the world is glad to see one less dictator disabled from continuing his brutal regime. Perhaps someday Bush will be brought to justice for his offenses too.

Background & Research
World Opinion Divided on Saddam Sentence (ABC)
Saddam sentence: Reaction in quotes (BBC)
Iraq: Dujail Trial Fundamentally Flawed (Human Rights Watch)
Q&A: the trial of Saddam Hussein (Guardian)
Alleged crimes of Saddam Hussein (Guardian)
Judging Saddam Hussein (The Economist)
How much worse can it get? Three years of bloodshed may have made Saddam's fate irrelevant (The Economist)