| Revision as of 04:39, 13 December 2005 edit24.54.208.177 (talk) →General arrangements: delete ICC statement; see talk page. ICC has no jurisdiction over offenses that occurred prior to the treaty's entry into force← Previous edit | Revision as of 19:55, 13 December 2005 edit undo80.47.55.150 (talk)No edit summaryNext edit → | ||
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| The '''trials of ]''', the former ], are being held under the ]. He is tried for ]s involving ], in particular in the context of the failed ] attempt in ] in ]. He may also be tried for events dating to the ] and the ] including ]s, ], and ]. He could face the ] if convicted. | |||
| On ], ], ], held in custody by ] forces at ] in ], along with eleven senior ] officials, was handed over to the ] Iraqi government to stand ]. Particular attention will be paid to his activities in violent campaigns against the ]s in the north during the Iran-Iraq War, and against the ]s in the south in ] and ] to put down ]. Saddam asserts that he remains President of Iraq. | |||
| ==First hearing== | |||
| The 68-year-old ] Iraqi leader appeared confident and defiant throughout the 46-minute hearing. Alternating between listening to and gesturing at the ] ], Saddam Hussein questioned the ] of the ] set up to try him. He called the court a "play aimed at ]'s chances of winning the ]." He emphatically rejected charges against him. "This is all theatre. The real criminal is Bush," he stated. When asked by the judge to identify himself in his first appearance before an Iraqi judge, he answered, "You are an Iraqi, you know who I am." "I am still the president of the republic and the occupation cannot take that away," declared Saddam Hussein. | |||
| Also during the arraignment, Saddam defended Iraq's August ] ] and referred to Kuwait's rulers as "]s," which led to an admonishment from the judge for using coarse language in court (dogs are widely considered to be ] in the ]ic world). Later on ], Kuwait's information ] Abul-Hassan said crude language was "expected" of Saddam. "This is how he was raised," said the minister. {{ref|1}} Unlike the ] ]s in the area, which rule every other ] nation in the ] region, Saddam was born into a hard-scrabble, landless ] family and was allegedly beaten as a child. | |||
| Although no ]s for Saddam were present at the ] hearing, his first wife, ], has hired a multinational legal team of over 20 attorneys, headed by ]ian ] and including ] (]), ] (]), ] (]), ] (]) and ] (]). Towards the end of the hearing, the deposed president refused to sign the legal document confirming his understanding of the charges. | |||
| ==Pre-trial events== | |||
| ], 2005.]] | |||
| The London-based Arab-language daily newspaper ] reported in early May 2005, that during a meeting with ], "known only to a few Iraqi officials in ]", Saddam refused an offer of release if he made a televised request to armed groups for a ceasefire with allied forces. Of important note is that no other major newspaper or wire service has since extensively covered this story. {{ref|2}} The British ] newspaper, quoting an unnamed senior UK government source, had reported two weeks before that Iraqi insurgents were being offered a "deal" whereby the former President of Iraq would receive a more lenient sentence if they gave up their attacks. {{ref|3}} | |||
| On ], 2005, former ]n prime minister ] announced the formation, under his joint chairmanship, of an international ], with a main objective of ensuring fair trials for Saddam and the other former Baath Party officials being tried with him.{{ref|4}} | |||
| On ], 2005, Saddam was charged by the Special Tribunal with the first of an expected series of charges, relating to the mass killings of the inhabitants of the village of ] in 1982 after a failed assassination attempt against him. | |||
| On ], 2005, Saddam's family announced that they had dissolved the Jordan-based legal team and that they had appointed ], the only Iraq-based member, as the sole legal counsel.{{ref|6}} | |||
| In an interview broadcast on Iraqi television on ], 2005, Iraqi president ] said that he had directly extracted confessions from Saddam that he had ordered mass killings and other "crimes" during his regime and that he deserves to die. Two days later, Saddam's lawyer denied that he confessed.{{ref|7}} | |||
| Saddam's defense repeatedly argued for a delay in the proceedings, insisting that it had not been given sufficient time to review all prosecution documents as provided for under tribunal rules, but so far these submissions have been rejected. Meanwhile international human rights groups, including ] and ], have suggested that the ] and its legal process may not meet international standards for a fair trial. The ] also declined to support the proceeding, expressing similar concerns over fairness as well as over the possibility of a death sentence in the case. | |||
| ==Al-Dujail trial== | |||
| ] | |||
| Iraqi authorities put Saddam and seven other former Iraqi officials on trial on ] ] four days after the ] 2005 ] on the new ]. The tribunal specifically charged the defendants with the killing of 143 ]s from ], in retaliation for the failed assassination attempt of ] ]. Supporters of Saddam protested against the trial in ].{{ref|8}} | |||
| Saddam's co-defendants are: | |||
| *], his half-brother and former chief of intelligence | |||
| *], former Vice-President | |||
| *] Al-S'adun, a former chief judge | |||
| *Abdullah Kadhem Roweed Al-Musheikhi, Al-Dujail Baath party official | |||
| *Mizher Abdullah Roweed Al-Musheikhi, (son of Abdullah Kadhem), Al-Dujail Baath party official | |||
| *Ali Daeem Ali, Dujail Baath party official | |||
| *Mohammed Azawi Ali, Dujail Baath party official | |||
| As in his pre-trial appearance, Saddam at the opening of his trial on October 19 appeared defiant and rejected the tribunal's legitimacy and independence from the control of foreign occupation. "I do not respond to this so-called court, with all due respect to its people, and I retain my constitutional right as the president of Iraq," Hussein declared. He added, "Neither do I recognize the body that has designated and authorized you, nor the aggression because all that has been built on false basis is false." | |||
| ] Samajtantric Dal (BSD) in ], Bangladesh chant ]s demanding the immediate release of Hussein during a protest against his trial on ], 2005. One sign reads, 'free Saddam, hang Bush and ]]] | |||
| When the judge asked for his name, Saddam said "I am the president of the Iraq", refused to state his name, but returned the question, asking Kurdish judge ], "Who are you? I want to know who you are". When Amin addressed Saddam as "the former president," Saddam objected emphatically, saying he was still the President of the Republic of Iraq, and had not been deposed. | |||
| While Saddam's seven co-defendants appeared in traditional Arabic male dress, Saddam wore a dark suit and a white shirt. Al-Bandar, sitting next to Saddam in the front row in a pen of white metal bars, complained that the defendants had been stripped of their head-coverings, upon which they were given back to them. | |||
| After the charges were read to them, all eight defendants pleaded not guilty. The first session of his trial lasted three hours. The court adjourned the case until ] 2005, as some of the witnesses were too frightened to attend, and also to allow the defense more time to study evidence.{{ref|9}} During an interview with the Arab news agency ] following the opening of the trial, Hussein's eldest daughter Raghad branded the court a "farce" and boasted that her father behaved like a "lion" during the proceedings.{{ref|10}} "My father is brave, a lion, I am proud of him," she said. "He is a man who dedicated his life to serve his country, he was brave in his youth, so how can he be afraid now?" she added.{{ref|11}} | |||
| On ], 2005, attorney ], charged with the defense of Awad Hamed al-Bandar, was abducted from his office by gunmen, and found shot dead near his office a few hours later. | |||
| On ], 2005, attorney ], who had been representing Vice President ] and ], was killed by three gunmen in Baghdad. ]'s lawyer ] was also wounded in the attack. | |||
| On ], 2005 Chief Judge Rizgar Mohammed Amin adjourned the trial until ] to allow time to find replacements for two defense lawyers who were slain and another who fled Iraq after he was wounded. On December 5, Saddam's legal defense team stormed out of the court after questioning its legitimacy and asking about security issues regarding the protection of the defense. Saddam, along with his co-defendants, railed against Chief Judge Amin and the tribunal. The next day, after listening to hours of testimony against him, he lashed out at the judge. He said he was exhausted, did not intend on returning to the trial, and to "go to hell." | |||
| On ], 2005 Saddam refused to enter court, complaining of the conditions in which he was being held and the conduct of the trial. Saddam's complaints included, among other things, that he had not been able to change his clothes for four days. {{ref|12}} | |||
| ==Criticism== | |||
| ===Charges=== | |||
| * At the moment the trial of Saddam Hussein and his regime focuses on a few (relatively minor) cases, rather than the allegedly wide-spread abuses of human rights, and possible crimes against humanity. Such events are also said to have taken place during the ]. Some observers heavily criticize this approach. | |||
| * The spotty selection of cases is widely considered to be caused by strong opposition from the United States, which is known to have supported policies of Hussein's Iraq and was possibly considerably involved in the crimes, including high-ranking personnel in the US administration at the time of the trials. Extending the trials to these crimes would result in publishing material collected from Hussein's administration, confiscated by the United States occupying forces. Opening the archives might give hints or verify the United States's involvement with Iraq's arming and intelligence in the 80s. This could possibly result in negative effects on the ruling administration in US domestic politics. | |||
| * Critics argue that no foreign government's preferences should be a priority at selecting charges, but instead much like any other state after a war, the Iraqi people need to come to terms with their history during the administration of the Baathist party. This involves bringing the most important crimes to court, and trying those responsible in a fair and just trial. | |||
| ===General arrangements=== | |||
| * Some observers see the trials going on at the moment as a farce, or as being unconstructive, quick, and substandard. Whether a fair trial in occupied Iraq is possible has been questioned. | |||
| * Security of participants has been questioned. | |||
| ==Notes and references== | |||
| {{wikinewshas|a section about ] and article relating to this story| | |||
| *] | |||
| *] | |||
| :<small>'']''</small>}} | |||
| # {{note|1}} at Mail & Guardian online | |||
| # {{note|2}} at Thepeninsulaqatar.com | |||
| # {{note|3}} at dailytelegraph.co.uk | |||
| # {{note|4}} at Adnki.com | |||
| # {{note|5}} | |||
| # {{note|6}} at Boston.com | |||
| # {{note|7}} at ] | |||
| # {{note|8}} at Arabicnews.com | |||
| # {{note|9}} | |||
| # {{note|10}} | |||
| # {{note|11}} | |||
| ==External links== | |||
| * | |||
| *, ] | |||
| *, ] | |||
| *, ] | |||
| * 'Justice or revenge?' ask Hanny Megally & Veerle Opgenhaffen | |||
| * | |||
| *, ] Analysis by the former US Regime Crimes Liason to the Iraqi Special Tribunal | |||
| ] | |||
| ] | |||
| ] | |||
| ] | |||
Revision as of 19:55, 13 December 2005
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