THE TRIAL OF SADDAM HUSSEIN

BY Dr. Abdul-Haq Al-Ani

SYNOPSIS

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 invading, occupying power. This book seeks to draw public attention to the threat this precedent poses to developing nations worldwide, and to its distortive influence on the further evolution of international law.

Al-Ani documents the trail of illegalities marking the destruction of Iraq at the hands of the US and UK, from the genocidal sanctions of the 1990s, the US State Department pre-invasion planning that commenced in 2001, and the 2003 invasion, to the setting up and proceedings of the tribunal that swiftly dispatched Saddam Hussein.

While the Tribunal was intended to promote the image of a triumphant Iraqi democracy, the US was actually in control of all stages of the trial. It drafted the Tribunal’s Statute; determined the trial venue and what charges would be brought; researched, compiled, stored, and prevented access to evidence and documentation; selected and trained the judges, and micro-managed the proceedings.

The trial itself was so farcical as to provoke international condemnation. International human rights groups, including Amnesty International and Human Rights Watch, as well as UN bodies such as the Working Group on Arbitrary Detention and the High Commissioner for Human Rights, have stated that the Iraqi Special Tribunal and its legal process does not meet international standards for a fair trial.

The behavior of the United States and its allies sets an ugly precedent for its intervention in other targeted states. This detailed examination reveals how the ‘ New World’ is in fact being ‘ordered’. It presents a terrifying prospect of ruthless dictatorship, deprivation of independence, and removal of the human right to justice. It lays bare the level of deception, hypocrisy, and flagrant flouting of even its own laws to which the U.S. was willing to resort in order to achieve its objective: the subjugation of a sovereign nation.

THE AUTHOR

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. Called to the Bar in 1996, he also holds a Ph.D. in Electrical Engineering and a Diploma in International Studies from the University of London. Founding editor of The Arab Review, he has written widely on culture, politics and religion. He joined the Ba’ath Party while in his teens, but left it in disappointment a few years later, prior to the Ba’ath Party assuming power in 1968.

TABLE OF CONTENTS

PREFACE

Baghdad College

Joining the Ba’ath

Genocide against Iraq

Why Did I Get Involved?

How I Became Involved

 

Chapter 1

THE BA’ATH AND SADDAM HUSSEIN

The Birth of Arab Nationalism

The Birth of the Ba’ath

The Significance of the Ba’ath

The Uniqueness of Iraq in Arab-Muslim World

The Marginalization of the Shi’a in Modern Iraq

The Birth of Ba’ath in Iraq

Enter Saddam Hussein

The Ba’ath Revolution against Qassim

Disintegration and Restructuring of the Ba’ath

The Ba’ath 1964-1966

The Iraqi Ba’ath, 1966-1968

The Ba’ath, 1968-1979

The Ba’ath, 1979-1990

The Iraq-Iran War 1980-1988

The Kuwait Disaster 1990-

The Genocidal Blockade of Iraq 1991-2003

 

Chapter 2

PRE-PLANNING FOR REGIME CHANGE

US Imperialism and Zionism

The Iraq Liberation Act

The Future of Iraq Project (FIP)

Rumsfeld’s Statement after the September 11Attacks

The Attack on Restaurant in Baghdad

The Downing Street Memo

Blair’s Statement to Parliament

 

Chapter 3

EUROCENTRISM, INTERNATIONAL LAW AND THE INVASION OF 2003

The Ramifications of Eurocentrism

Eurocentrism and International Law

Which Law, Then?

Shortcomings of the Security Council

Misconceptions

The International Criminal Court Jurisdiction

Resolution 1483 on Iraq

The Genocidal Blockade Contravenes Peremptory Norms

The Crime of Aggression

The US View of International Law

The Security Council and the Charter

The Illegality of the 2003 Invasion

Could the Security Council Have Given Authority?

 

Chapter 4

THE OCCUPATION OF IRAQ DURING BREMER’S RULE

Letter from the UK/US to the Security Council on Their

Intentions in Occupying Iraq

Security Council Resolution 1483

Obligations of Occupiers under International Law

The Hague Regulations

The Geneva Conventions

Security Council Resolutions Post Invasion

The Arrival of Paul Bremer

The CPA Institutes Systemic Change in Iraq

The Iraq Constitution of 1970

Regulation No. 1

Regulations, Orders and Memoranda

Legal and Judicial Legislation

Political Legislation

De-Ba’athification is a Crime Against Humanity

Administration for the State of Iraq for the Transitional Period: The Transitional Administrative Law ( TAL).

Arrest and Detention of Saddam Hussein

Breaches of Protocol I

 

Chapter 5

THE CREATION OF THE IRAQI SPECIAL TRIBUNAL

A Dilemma: Where to Try Saddam Hussein?

The Future of Iraq Project and the Transitional Justice Report

The CPA’s Crimes Against Humanity Investigations Unit

The CPA Sets Up the Iraqi Special Tribunal

Selection of the Tribunal’s Staff

The Regime Crimes Liaison Office (RCLO)

Cherry-picking the Crimes: Why Dujail?

The Iraq-Iran War Events, 1982

Daw’a Party Involvement

 

Chapter 6

MAKING THE TRIBUNAL “IRAQI”

Establishing the Iraqi High Tribunal (IHT)

The IHT Recognizes the Retroactivity Issue

Domestic Enactment of Non-Self-Executing Treaties

Immunity of Heads of State

Developing the IST/IHT Statute and Rules

To Establish Special Courts—Or Not to Establish Special Courts

The IHT Statute: The IST Statute in Sheep’s Clothing?

General Failures of the Statute and Rules

The Issues of Criminal Intent and Knowledge of the Crime

The Elements of the Crime

Torture, Ill-Treatment and Evidence

Investigation Stage

Elements of Fair Trial

Chapter 7

THE TRIAL

The Offense

The Sessions

An Appropriate Defense Obscured and Prevented

Analysis of the Outcome

The Failures of the Prosecution’s Case

 

Chapter 8

THE FAILURES OF THE TRIAL

Official Language

US Control

Independence and Political Interference

Biased and Incompetent of Judges

The Right to a Fair Trial

Failures in Keeping Evidentiary Records

Failure to Provide Written Decisions

 

Chapter 9

JUDGMENT, SENTENCE, APPEAL AND EXECUTION

Sentence

Observations on the Tribunal’s Judgment

Questions of Authorship

Inaccurate and Misleading Statements

Crimes and the Tribunal’s Jurisdiction

Summary Refutation of the Jurisdiction of the Tribunal

Immunity of a Head of State

Were the Acts Criminal?

Crimes against Humanity under Iraqi Law

Crimes against Humanity under Customary International Law

Crimes against Humanity under Treaty Law

The Tribunal’s Analysis of the Case against Saddam Hussein

Summary of Prosecution Witnesses’ Statements

Tribunal’s Summary of Saddam Hussein’s Statement

Summary of Defense Witnesses’ Statements

Questions Specifically Relative to Saddam Hussein

Evidence and Inferences Against Saddam Hussein

Extent of Saddam Hussein’s Responsibility

Conclusion on Tribunal Judgment

The Appeal

Is the Death Sentence Available under Iraqi Law?

The Execution

The Iraqi High Tribunal and the Evolution of International Law

Conclusion

CHRONOLOGY of Events in Iraq July 1958-December 2006

(40 pages)

APPENDIX I

Letter to the Security Council from the Permanent Representatives of the UK and the US

APPENDIX II

Law of the Supreme Iraqi Criminal Tribunal

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