Will Saddam Hussein's Trial be Fair?

19th October 2005

The trial of Saddam Hussein started today, and was then adjourned to November.

Supposedly, the British and American authorities want to ensure that this trial is fair, and is seen to be fair. But what has happened so far raises significant concerns over the system of justice that is being used.

The defence team's attempts to mount a reasonable case have been severly hampered by unnecessary conditions. They were given access to the prosecution evidence only three weeks ago (the prosecution case has been nearly three years in the making); the rules were changed so that four out of five legal representatives were disqualified from representing Saddam Hussein; he has not been given access to any lawyer that knew him before the US-lead invasion; US troops have searched the homes of defence lawyers and confiscated confidential legal papers. There are two sides to the coin, however, and despite Saddam Hussein's incarceration, there is still a climate of fear that means most if not all the witnesses are afraid to testify.

However, my concern is that current events - in both the development of the constitution and trial of Saddam Hussein - are laying the seeds for a future civil war.

The constitution was formed with the agreement of two of the main groups in Iraq, but against the wishes of the Sunnis - underlying which 'oil' may be an influence (the regional constitution will disenfranchies the Sunnis, preventing them from having access to the oil revenues which will be in the geographical region, and therefore under the control of, the Shias and Kurds. When it became apparent that the constitution was therefore doomed, because it would fail to get the 2/3rds majority required in a number of regions, the Iraqi government changed the rules to require just a simple majority. The Sunni community is being marginalised and ostracised, and the apparent lack of fairness in the trial of Saddam Hussein will simply add to the feelings of resentment that will inevitably build up. Ultimately, this will strengthen the insurgency, which will escalate into a guerilla war, and ultimately an all-out civil war.

One counter-argument might be that the Sunni community was most strongly associated with Saddam Hussein, and many members of that community were his instruments of repression. However, that is irrelevant in my view. The South African model, based on truth and reconciliation, shows a way forward towards peace between old enemies, by embracing all sides (including the former oppressors) in a new society. The ostracisation of the Sunni's currently taking place reinforces the tribal influences within Iraq.

Background

Human Rights Watch point out the following problems with the trial:

There is no requirement to prove guilt beyond reasonable doubt

There is insufficient protection for the defence's conditions, which may therefore be inferior to those of the prosecution

Those in charge of the court may not be impartial

Imposition of the death penalty within 30 days of judgement

© S P Myers.