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An astounded Islamic world was shocked at the anticipated verdict of death by hanging for ousted Iraqi despot Saddam Hussein for the 1982 killing of 148 people coincidentally timed for the November US elections as observers remained divided. Iraqi Shias and Kurds in Iraq celebrated the news in the polarized country and many expect the verdict to turn up violence by a notch or two but experts are divided on the validity and morality of the process and verdict.
Bringing cheer to demoralized allies of the occupation forces, the process of justice involved 39 sittings with changes to attorneys representing Hussein, judges, and a confused outrage among the international community asking for balance, fairness, trial for larger crimes, and justice from an independent international body. Besides many defense lawyers have been mysteriously killed and judges who sympathized with Hussein removed for questionable or unidentified reasons. Drummed up by the US Administration as the most important war tribunal since the trial of Adolf Hitler’s regime members, the Iraqi process lacked transparency, clarity, and adequate representation. While Hitler’s Nazis were responsible for the slaughter of 6 million Jews, Hussein was tried for the murder of hundred odd people—many critics point out that the fallacious logic of not trying him for greater crimes against the Shias of the South or the Kurds in the North. However, supporters say that it does not matter how he gets hanged as long as he does; the fear is that a Shia and Kurd slaughter would not have clear evidence of genocide and may prolong the trial long enough for Hussein to die a natural death thus robbing the glory for the occupational allies.
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Other critics argue that trying Hussein and making him a convenient scapegoat, the world is diverting attention from the crimes of numerous Central and South American and African despots funded and encouraged by Cold War rivalry. Pointing to many procedural flaws in the trial process, others criticize the quality of justice meted out to Hussein. A notable proponent of this criticism is former US Attorney General Ramsey Clark was thrown out of the court by the presiding judge for his position cited in a memorandum that called this trial a “travesty” of justice. This only further underscores the partiality of the judicial process that is unable to accept a contrary but peaceful opinion.
However, Iraqi and Shias and Kurds were unfazed by such criticism asserting that Hussein got what he deserved. Shiite Prime Minister Nouri al-Maliki said that the verdict is for “a whole dark era, unmatched in Iraq ’s history.” This is an obvious reference to the unbridled extra-judicial killings, torture, and extensive use of inhuman weapons by the Hussein regime against its own people (Shias in the South and Kurds in the North). Al-Maliki's Islamic Dawa party, then an underground opposition, faced the ire of Hussein and his hoodlums when they claimed responsibility for organizing an attempt on Hussein's life. The trial that convicted Hussein, his former intelligence chief and half brother Barzan Al Tikriti, a former Chief Justice Awad Hamed al-Bandar, and 3 former officials was to try for those crimes.
However, the Iraqi Sunnis, who were part of the Hussein regime, hold the current Iraqi regime “responsible” and promised “deaths of hundreds, thousands or even hundreds of thousands” as retribution for the verdict.
Hussein had been a truculent and highly uncooperative prisoner. While he continued to question the validity of the court, he also argued in his own stead, fired his legal help, threatened judges, and opposed any legal proceedings not in his favor. Even at the final verdict, Hussein was forced to stand up by two bailiffs as he refused to stand to receive the verdict and often wagging his finger against the judge.
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Hussein’s tribunal’s fairness has been questioned by many Governments, non-government organizations, diplomats, and human rights organizations. Russia , in a collision course with the West over many crucial issues such as Iran and North Korea nuclear programs and energy supply deals accused the US , without naming it, of “prompting” the decision “from outside.” The Russian statement stopped just short of saying that the verdict was dictated by the occupational powers. Prominent individuals and political parties across Thailand , Malaysia , and Pakistan were quick to denounce the verdict, questioning the fairness and some even holding US President Bush culpable of greater crimes than Hussein. Amnesty International and several international law experts have also questioned the fairness of the trial and the impartiality of the tribunal and demanded that Hussein be kept alive to explore and investigate other more serious crimes. India has been cautious and guarded in its reaction with External Affairs Minister Pranab Mukherjee that the verdict requires a “credible due process of law” so that it “does not appear to be victor's justice” and also to “is acceptable to the people of Iraq as well as the international community.” However, the US pooh-poohed these criticisms calling them “preposterous” and rejecting accusations that the Administration was “scheming and plotting with the Iraqis.” Palestinians groups said they support Hussein because he funded them and fired missiles into Israel during Gulf War I. Egyptians agree that Hussein was a despot but allege that the “crimes” committed by the US were greater. Jordanian opinion says that Iraqis are not sad for Hussein “but for the loss of their country as they’ve known it.”
Instead, the US feels that the verdict marks a “good day for the Iraqi people.”
The trial process will automatically go to a nine-judge appeals panel which has an unlimited time to review the judgment. If upheld, the verdict will have to be implemented in 30 days. In the meanwhile, the widening chasm between the Christian and the Muslim world is bound to grow. In this, the terrorists will find rich manure and harvest a new breed of terrorists
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