the trial of Saddam Hussein

RBM

CAGiversary!
the entire article from the washingtonpost.com

Man for a Glass Booth
By Charles Krauthammer Friday, December 9, 2005; Page A31

Of all the mistakes that the Bush administration has committed in Iraq, none is as gratuitous and self-inflicted as the bungling of the trial of Saddam Hussein.

Although Hussein deserves to be shot like a dog -- or, same thing, like the Ceausescus -- we nonetheless decided to give him a trial. First, to demonstrate the moral superiority of the new Iraq as it struggles to live by the rule of law. Second, and even more important, to bear witness.

War crimes trials are, above all and always, for educational purposes. This one was for the world to see and experience and recoil from the catalogue of Hussein's crimes, and to demonstrate the justice of a war that stripped this man and his gang of their monstrous and murderous power. It has not worked out that way. Instead of Hussein's crimes being on trial, he has succeeded in putting the new regime on trial. The lead story of every court session has been his demeanor, his defiance, his imperiousness. The evidence brought against him by his hapless victims -- testimony mangled in translation and electronic voice alteration -- made the back pages at best.

Why have we given him control of the stage? We all remember the picture of him pulled out of his spider hole. That should be the Saddam Hussein we put on trial. Instead, with every appearance, he dresses more regally, emerging from cowering captive to ordinary prisoner to dictator on temporary leave. Now he carries on as legitimate and imperious head of state. He plays the benign father of his country, calling the judge "son," then threatens the judge's life. Hussein shouts, defies, brandishes a Koran. The judge keeps telling him he's out of order. He disobeys with impunity, the guards not daring to intervene.

This is absurd. If anything, Hussein should be brought in wearing prison garb, perhaps in shackles, just for effect. And why was he given control of the script? He shouts, interrupts and does his Mussolini histrionics unmolested. Instead of the press being behind a glass wall, it is Hussein who should be. Better still, placed in a glass booth, like Eichmann, like some isolated specimen of deranged humanity, symbolically and physically cut off from the world of normal human values.

Instead, he struts. And we are witness to a political test of wills between the new Iraq represented by an as-yet incompetent judicial system and the would-be tyrant-for-life defiantly raising once again the banner of Baathism, on a worldwide stage afforded him by us

*******
While I also dislike the way the trial has gone, I am less inclined to throw around blame for it. I don't think our administration wanted to put Saddam on trial; they wanted the native Iraqi people to pass judgement on him.

I don't think they wanted to show him too bedraggled or unrecognizable from his "in-power appearance," either, lest hordes in the middle east scream that he'd been drugged or some such.

However, it also doesn't surprise me that the fledgling Iraqi judicial personnel would flub their first trial. I remember reading somewhere that we had tried to get them to hold off on Hussein's trial, so that they could get some mundane trials under their belt...but they wouldn't wait (understandably, given their newfound power and a desire for retribution) and now they've been cowed and pistol-whipped (so to speak) on an international stage.

Therefore, I don't see this as a dumb mis-step on the part of our administration. However, I *do* see it as further proof that this administration had no idea of who the Iraqi people were, what they wanted, or how they would react to new circumstances....and yet they proceeded to reach across the ocean and meddle in their affairs, to their resentment (certainly no gratitude) and domestic opposition, as well.

[edit: I see what you're saying; this way the trial is more believable (in that it's not a show trial staged by America or her puppets)...however, I think the author of this article is concerned that the proceedings are heartening the remnants of Hussein's supporters and weakening the already feeble faith any Iraqis might have in America's ability to neutralize the old regime.]

[edit #2: it's sad that deposing Saddam Hussein has been one of the only solid accomplishments of invading Iraq...and while the proceedings of his trial make headlines, there doesn't appear to be much interest in it. Most people I know don't talk about his trial because they frankly don't care. I forget why we went in there, sometimes.]
 
The fact that the courts can't dictate the events is a good sign. Its not a good sign of a fledgling democracy to start off with high profile kangeroo courts. And it does the u.s. no good to just execute or torture him, the point is to show that everyone deserves a trial. Well, maybe we shouldn't be the ones arguing that, but thats one of the argument here and it's the correct one.

Either way, a kangeroo court would be a huge mistake. A democracy is supposed to withstand such attacks such as this trial.
 
http://news.bbc.co.uk/1/hi/world/middle_east/4556268.stm

Saddam's trial is not a farce
By John Simpson
BBC World Affairs Editor, Baghdad

It is true that many Iraqis, including senior ministers in the government, believe that Saddam has been given too much latitude.

It is also true that Saddam often manages to distract everyone's attention, at a time when the evidence is particularly graphic and terrible.

Yet none of this means that the senior judge has lost control of his court.

It would be easy to shout Saddam down, or silence him, but that would be to return to the habits of the past. Instead, the judge listens courteously to what is said.

And it works. At the start of the trial, Saddam refused even to give his name: "You know who I am," he told the judges aggressively. Yet by force of sheer politeness, Judge Rizgar wore him down.

And so when he was asked to plead, Saddam said he was not guilty - which represented a remarkable degree of co-operation from a man who had earlier denied that the court had any legitimacy.

_41154316_rizgar_ap203x250.jpg

Judge Rizgar has worn Saddam down through sheer politeness

Saddam Hussein could, if he chose, force the judges to silence him, and to treat him with brutality. All he has to do is to refuse to accept the usual conventions of courtroom behaviour.
But as long as Judge Rizgar treats his prisoners with leniency and politeness, they seem prepared to follow the rules.

Sign of success

The worst feature of the trial is not what the accused are allowed to say, but what the world is not allowed to hear.

The American company in charge of broadcasting the proceedings frequently blanks out the sound of what Saddam and the others say, and sometimes cuts the vision as well.

If the judge treated Saddam more roughly, he would seem like a martyr. The fact that he does not is a sign of success, not of failure.

******
I've had difficulty shaking off Western-style judicial standards & expectations when reading about this ongoing trial, but this strikes me as an interesting perspective. I suppose you could interpret the judge's leniency as shrewd and effective or cowed and intimidated, but I suppose what matters most is how the final outcome of the trial effects the general public.

If Saddam is sentenced to death and both Iraqi's & those watching in the international community are fully satisfied with the legitimacy & fairness of the trial, then the downstream effects could positively impact many aspects of Iraq's developing political & judicial systems (and by association, the economic & social systems as well, I suppose) ....regardless of any theatrics and monkeyshines which had marred the televised proceedings.
 
[quote name='alonzomourning23']The fact that the courts can't dictate the events is a good sign. Its not a good sign of a fledgling democracy to start off with high profile kangeroo courts. And it does the u.s. no good to just execute or torture him, the point is to show that everyone deserves a trial. Well, maybe we shouldn't be the ones arguing that, but thats one of the argument here and it's the correct one.

Either way, a kangeroo court would be a huge mistake. A democracy is supposed to withstand such attacks such as this trial.[/QUOTE]
Saddam is totally and completely out of order all the time in this court. Every time I see any coverage of the court, it's always Saddam pointing fingers, yelling, claiming this, that and everything else. I don't see how instilling some discipline into Saddam during his trial could be considered as extreme as a Kangaroo Court.

[quote name='RBM']I forget why we went in there, sometimes.][/QUOTE]WMDs. Duh ;)

As for success from politeness, i don't buy it. If the government is going to succeed, it needs to demonstrate the power to control the state with the restraint and checks to keep abuse from happening. This goes for the courts, too. In America, were any prisoner as indignant as Saddam, they would be found in contempt and locked away until they actually cooperated.
 
[quote name='capitalist_mao']Saddam is totally and completely out of order all the time in this court. Every time I see any coverage of the court, it's always Saddam pointing fingers, yelling, claiming this, that and everything else. I don't see how instilling some discipline into Saddam during his trial could be considered as extreme as a Kangaroo Court.

WMDs. Duh ;)[/QUOTE]

And in the small text they usually say he was quiet throughout most of it, until he thought the cameras were placed on him. At the beginning many reporters remarked on the rapid change in his behavior and demeaner whenever he realized he was on camera.

Though the rules aren't identical to a u.s. court, I don't believe defendants can normally cross examine witnesses in the u.s. unless they are actually defending themselves. So exactly what is acceptable and what isn't in an iraqi court is probably something neither of us know.

Most of his grand standing seems to be done at appropriate times (ie. not interrupting witnesses). Whether the judge is just being polite and lenient or disregarding rules for saddam needs to be answered.

Though you have to admit the judges tactics are working, saddam is co-operating witht he court much more than he was in the beginning. I seriously doubt locking saddam up until he cooperated would get anywhere.
 
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