ICTJ in the News

December 16, 2003

Televised court drama could end with a death sentence

The Herald (Glasgow)

By Martin Williams

THE trial of Saddam Hussein looks likely to become the first great televised courtroom drama of the twenty-first century.

Both Britain and the United States made it clear yesterday they favoured the former Iraqi dictator being confronted with the survivors of his rule in an Iraqi court.

Abdelaizia al Hakim, president of Iraq's US-appointed governing council, confirmed Saddam could face a death sentence at the end of any trial.

However, those responsible for any tribunal will expect to receive a criminal complaint from Iran's government which said yesterday it was preparing a case to present in connection with Saddam's involvement in the 1980-1988 Iran-Iraq war.

The official IRNA news agency reported that Iran's judiciary had written to Kofi Annan, the United Nations' secretary-general, calling for Saddam to be tried in Iran.

While Mr Blair made plain Britain would reluctantly go along with the execution of Saddam if an Iraqi court ordered it, Mr Bush hinted his own views were tougher.

Mr al Hakim told reporters the deposed Iraqi leader should be tried by a tribunal set up by the governing council with a mandate covering war crimes, crimes against humanity and genocide.

Earlier, Mr al Hakim and other governing council members recognised the need for an international role in proceedings. Other council members were at odds over when the trial, expected to be televised, would start, with predictions varying from the next few weeks, to next summer.

That would be close to the July 1 deadline for the US-led occupation authority to hand over sovereignty to a new, transitional Iraqi government.

The tribunal, expected to be presided over by five Iraqi judges, would be open to the public and the accused would have a right to defence lawyers and a right of appeal.

Human rights groups have voiced strong doubts about the ability of Iraq's judiciary to give Saddam a fair trial.

Hanny Megally, of the New York-based International Centre for Transitional Justice, said: "Their competence is very low after 30 years when the judicial system was basically cast aside in favour of military tribunals and revolutionary courts."

However, Mr Bush dismissed suggestions that Iraqis were not capable of hosting any tribunal.

"Some courageous, as well as talented, people have been appointed to the central criminal court and other judicial bodies."

Mouwafak al-Rabii, a Shi'ite Muslim member of the governing council, insisted Saddam would have a fair trial, and that he will have "the right to employ the best lawyers in the world, if he wants".