Analysis of Saddam Husseins Trial

Analysis of ibn Talal Hussein Husseins TrialFrank KopeskiOn serve 19 2003 The united States along with tout ensembleied forces invaded Iraq and marked the emerge of the Iraq warfare. The Conflict later received the name Operation Iraki granting immunity by the United States. The invasion consisted of 21 days of major beleaguer operations in which a joint force of army from the United States, the United Kingdom, Australia and Poland invaded Iraq and overthrew the Baathist government of ibn Talal Hussein Hussein. The invasion phase consisted primarily of a conventionally fought war which concluded with the capture of the Iraqi capital of capital of Iraq by American forces.On December 13 2003 US troops Cptured ibn Talal Hussein Hussein. He was taken into custody for war detestations, crimes against humanity and genocide. With conquest of detaining the Iraqi President this raised a very important question. What do we do with him? Since his crimes were move in Iraq it would onl y make sense that a trial be held there. The Iraqi Interim Government ended up conducting the trial. The United States Established the Iraqi Interim Government afterward the invasion. The confederation Provisional Authority voted to create the Iraqi Special Tribunal (IST), consisting of cinque Iraqi judges. The United states Depart of ripeice aided in the investigation. The jurist also aided in the setting up of the trial. The most challenging part for the US in Aiding the trial was to non get on the whole involved. This became very difficult especially during the trial.The first trial began ahead the Iraqi Special Tribunal on October 19th 2005. At this trial ibn Talal Hussein and seven other defendants were tried for crimes against humanity with regard to events that took place after a failed assassination attempt in Dujail in 1982 by members of the Islmic Dawa Party. A second and separate trial began on 21 August 2006, undertake ibn Talal Hussein and six co-defendants for genocide during the Anfal military campaign against the Kurds of northern Iraq. Saddam may puddle also been tried in absentia for events dating to the IranIraq War and invasion of Kuwait, including war crimes, crimes against humanity, and genocide. During the trial Saddam appeared confident. He denied all charges and tell he was just doing what any good president would do.On November 5 2006 Saddam Hussein was sentenced to expiration by hanging for the killing of 148 Shiites from Dujail, in requital for the assassination attempt. No further action was necessary and Saddam was ordered penalize within 30 days of that date. When sentenced to death Saddam stated Long live the people. Long live the Arab nation. Down with the spies. divinity is great. Saddam Hussein is executed on December 30 2006 at ab tabu 605am. He was hung at an Iraqi army lascivious in Kazimain called Camp Justice. After his achievement all other charges were dropped. On January 15 2007 Saddams co-defendants, Barzan Ibrahim al-Tikriti, his half-brother and Iraqs intelligence chief at the sentence of the Dujail killings, and Awad Hamed al-Bandar, who issued death sentences to Dujail residents as head of a Revolutionary Court, were also sentenced to death by hanging. The former Iraqi vice-president Taha Yassin Ramadan is originally sentenced to life in prison. However, his sentencing changed to death by hanging on 12 February 2007. Ramadans execution took place on March 20th 2007. umteen Viewed the trial as a joke, Stating it as a show trial or a Kangaroo Court Human Rights find tabu stated that Saddams execution follows a flawed trial and marks a significant step a means from the rule of law in Iraq. forgiveness International stated that the trial was unfair, Many believed that the US had heavy mildew on the court this includes Saddams legal counsel Khalil al-Dulaimi. Khalil stated, This court is a animate being of the US military occupation, and the Iraqi court is just a slit and rubber stamp of the invaders. Although galore(postnominal) felt that the US had too more than influence in the trial others believed that they didnt have enough. The trial seemed to have one terminal in mind, and that was revenge. Because the US did not have final exam say in how the trial was conducted the trail was not entirely modeled after our system which has the one goal of legal expert. For example every time a judge would sway towards Saddams side or agree with him on a statement the judge would be replaced with a new judge. This happened many measure. Another example was the way the execution was conducted. The date and place of the execution were secret until the sentence was carried out. The execution was completely absent of respect. Every side of the execution was fueled by revenge. He was ridiculed and humiliated which portraits a sizable message. Although his sentencing in many shots is just, the conduction was not. This runs a huge risk of retaliation which can cause problems in the future. Currently we are finding out that ISIS is a major problem. ISIS (The Islamic State of Iraq and the Levant) is an extremist, jihadist group that aimed to set up an Islamic state in Sunni Arab-majority areas of Iraq. Many are former Baathists who seek retaliation. Raouf Abdul Rahman the Kurdish judge who sentenced Saddam Hussein to be executed has himself been captured and executed by ISIS. He was killed by the militants in retaliation for the killing of Saddam Hussein.Martha Minow discussed three issues that were present during the Nuremberg trials that are similar to those in Saddams trial. The three aspects Minow points out that deserve critiquing are retroactivity, politicization, and selectivity. Retroactivity is explained as defendants being charged with charges that were not proclaimed before the start of the trial or didnt exist before the trial. It violates the rule of law because of the laws commitment to apply clear, preexisting norms. Th e second aspect is politicization constructing a group of different institutions and governmental pressures that get rid of personalised independence and norms, such as they did in Nuremberg with the format of the trial, being purse on five different countries that all have different laws and political pressures. Lastly she points out selectivity, which is picking out targets that could be charged with violations. Prosecutorial treat is reflected off of identification of offenders and who is held responsible. It also reflects the chance of finding and arresting offenders. It is establish off of who is selected to be held responsible for the crime at hand. Retroactivity could have vie a role in Saddams Trial. This is because the new Iraqi government was just formed. When Saddam was in power his actions would not be considered a crime under his government, notwithstanding with the newly formed Iraq his actions were criminal. In a way this could be seen as retroactive. The next a spect is politicization The US played a major role in constructing of the trial. Many aspects of it were not the norm of Iraqi culture. This put political pressure on the trial that many did not agree with. Lastly it was difficult to decide who exactly was responsible for what crime. Many crimes committed were done by Saddams or those working under him but some werent exactly clear who was responsible. , Barzan Ibrahim al-Tikriti and Awad Hamed al-Bandar were executed for crime committed during the Dujail killings. The argument can be made that they were acting under Saddams orders. This cultivate of figuring out who is responsible can be seen as selectivity.The goal of these tribunals is to find justice. This tends to be very difficult do without being diagonal due to the nature of war. Justice is guided by truth, reason and fairness. This is all for the good of the people. Although some may disagree, revenge isnt justice. . In times like this it is hard to determine what is righ t and what is wrong. There is a bewitching line between cruelty and justice. This is a perfect example of how justice can be a double edged sword. Its situations like this that we use up to learn from the past in order to move forward for the future. tap CitedMinow, M. (1998). Between Vengence and Forgiveness. Boston beacon press books.America at a Crossroads The Trial of Saddam Hussein, PBS Jun 4, 2014ANDRE WALKER, http//www.breitbart.com/Breitbart-London/2014/06/23/Saddam-Hussein-Judge-Executed-By-ISIS. 23 Jun 2014.