A Fair Trial for Hussein? (by Jessica Chee-Hing)

How does one define a fair trial for Saddam Hussein? The Irony of giving Hussein a fair trial in the likes of his "human rights" record is laughable. Is this not the same dictator that sent "accused" Iraqis to horrific prisons to give them the death penalty without a fair trial? Is this the dictator that discriminated against females in Iraq? Is he not the one who killed thousands of civilians and made the lives of millions of others unbearable? Their human rights were not met under Hussein’s reign.

To define Saddam Hussein is just as hard to define a fair trial for him. Death, bloodshed, poverty, discrimination, and sexism are what Saddam Hussein promoted on a daily basis within Iraq. But now, in the beginning of his long and excruciating trial, one wonders, how can we give Saddam Hussein a fair trial? And if we do, does he deserve it?

Saddam Hussein was President of Iraq for decades. He was once, not too long ago, a powerful and fearsome dictator who, in the eyes of the world, cared not for his people, but only for the throne of Baghdad. He was the epitome of ‘absolute power corrupts absolutely.’

Before the war of 1991, Hussein was both respected and loathed in the Arab population because of the qualities he exhibited. On the streets of Arab cities he was admired as a leader who dared to defy and challenge Israel and the West, a symbol of Arab persistence in the face of Western aggression. At the same time, Hussein was feared as a cruel dictator who threatened the security of the world as a whole.

Through the destruction and the despair of the Iraqi people, Saddam Hussein obtained ultimate power, but also, ultimate hatred. Now, after decades of brutal rule, the Iraqi people must regain their independence and freedom in a new age while Saddam Hussein goes on trail for mass murders on the international level.

The crimes Saddam Hussein committed were crimes against humanity. He is first facing charges related to the 1982 killings of 143 residents of the village of Dujail and then he will face separate trials on further counts of crimes against humanity, particularly with regard to the gassing of Kurds and the mass killings of Shiites in the south of the country. More charges can be based upon killing intentionally (which can ensure capital punishment if found guilty), forced expulsion, the imprisonment of people, torture, and the failure to comply with international law.

The evidence to sentence Saddam Hussein to spend the rest of his life in prison or to get the death penalty is overwhelming. But can Saddam Hussein really get a fair trial?

The world will be watching Hussein’s trial to see whether Iraq’s new Shiite and Kurdish leaders can rise above politics and prejudice and give the former dictator a fair hearing. Human rights groups have criticized the government for trying to influence the trial and that considerable US logistical and financial aid to the tribunal could lend credibility to charges that it will mete out "victors’ justice."

Although many Iraqis believe that Hussein should get what he deserves for all the destruction he caused, many still wonder if he will receive a fair trial in the shadow of the United States. Some consider that the US will be sure to entitle Hussein to basic human rights during his trial, while others still deem the process is driven by vengeance and that America's anger toward Hussein will get in the way of treating him objectively.

Since Hussein is being tried in an Iraqi Courtroom, he will get the death penalty if he is found guilty. This is worrisome to human rights groups around the world. A Human Rights Watch report says the Iraqi Special Tribunal "runs the risk of violating international standards for fair trials". Amnesty International has sent three delegates to Baghdad to ensure Hussein receives a fair trial and to oppose the death penalty if he is found guilty.

The governments who are trying Hussein cannot be unfair and prejudiced towards him, but this cannot mean structuring the trial such a way that he might be let off. The real crime here is if Hussein is able to regain control of Iraq and if his ‘not guilty plea’ stands. What needs to be done, and is being done, is to lay out the evidence in a truthful and accurate way that allows for Hussein’s human rights to be met, even if it is ironic to what he has done in the past.

What should be said is that Hussein used his power to scare people into doing what he wanted. Now even thought Hussein is powerless, we must give him a fair trial. The governments must not bend to his level by ignoring his basic human rights, as he did for so many others. To show what real governments do, Hussein must receive a fair trial, no matter how many crimes he committed. Since the evidence to convict Hussein is overpowering, the rule of law will guarantee Hussein gets what he deserves. If capital punishment was a morally correct, Hussein is definitely among those today that deserve it.

This trial will not be over in the next few years. Eventually, Hussein will have all the charges against him laid out, and the punishments proceeding. Until that time, we must acknowledge his rights as a human person to receive fair judgment in his court proceedings. Although he is feared as one of the cruelest dictators of our time, he must also be pitied.

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