Untitled Document
The second session of the trial of Saddam Hussein convened and closed
after barely two-and-a-half hours Monday, ample time to expose the farcical
and illegal character of the US-orchestrated prosecution of the deposed Iraqi
head of state.
Following a 40-day adjournment, the continuation of the trial was put off for
another week, in part to find replacements for defense attorneys of prisoners
on trial alongside Hussein. Two have been assassinated, another wounded, and
others forced into hiding by death squads supporting the US-backed regime.
While the trial’s presiding judge and the prosecutors are Iraqis, the
court is an American creation and all of its operations are stage-managed behind
the scenes by US officials.
The chief defendant denounced this reality in his statement to the court, pointing
out that he had been hauled up four flights of stairs in shackles by US security
personnel before being escorted into the court. The American guards had also
confiscated from Hussein documents that he had prepared in his own defense.
When the judge, Rizgar Mohammed Amin, said he would tell the American officials
of his complaints, Hussein replied: “I don’t want you to tell them,
I want you to order them. They are invaders and occupiers and you have to order
them... You are an Iraqi. They are foreigners and occupiers and invaders, so
you must condemn them. Otherwise, you are a small boat rocking in the waves.”
This frank exposure of the real relations existing in the courtroom—and
US-occupied Iraq as a whole—proved unpalatable to the American controllers.
They ordered Court TV, the US channel contracted to broadcast the trial, to
halt relay of the images until Hussein stopped speaking and returned to his
seat.
The American media as a whole has adopted a policy of self-censorship in regard
to the trial. It is, almost without exception, accepting the proceedings as
legitimate and joining the Bush administration in demonizing Saddam Hussein
while ridiculing his challenges to the court.
The press has proven incapable of even noting the obvious irony of the charges
that Washington has chosen to level against its prisoner. Saddam Hussein is
being tried for the deaths of 148 men and teenage boys in the predominantly
Shia village of Dujail, following an assassination attempt against Hussein that
occurred there in 1982, during the Iran-Iraq war.
For the Bush administration to try him for this crime—wreaking lethal
vengeance against a rebellious population in wartime—underscores the hypocrisy
and absurdity of the entire enterprise. Why is Bush not in the defendant’s
dock for precisely the same crime? What, after all, was the barbaric siege of
Fallujah carried out by the US military just a year ago? After the deaths of
four American mercenaries in the city, Fallujah was targeted for a savage reprisal.
Napalm, white phosphorus, bombs, artillery and tank shells were unleashed against
the city, while snipers carried out a shoot-on-sight order. As a result, an
estimated 800 civilians were killed, the majority of them women and children,
while hundreds of thousands were turned into refugees. Similar assaults have
been mounted in recent months against population centers up and down the Euphrates
River valley.
The obvious parallel between the repression unleashed by the Iraqi regime and
the repression carried under the US military occupation is largely excluded
from the American press. It regards such facts as inadmissible, even though
they are now being acknowledged by the first Iraqi prime minister installed
by Washington, Ayad Allawi, who told the British Observer on Sunday that the
current wave of torture and death squad killings is “the same as Saddam’s
time and worse.” He added, “It is an appropriate comparison.”
The mockery of legality that characterizes the proceedings is similarly passed
over in silence. The fiction that this is an Iraqi-controlled court settling
historic accounts between the Iraqi people and a former dictator is maintained,
even as US “advisors” determine the judges’ agenda, US security
controls the courtroom, and American officials have their hands on the switches
so as to delete from the trial’s broadcast anything that challenges Washington’s
propaganda and policies.
The very charges have been selected by Washington and the US-backed regime
because they fit the political agenda of both. The killings in Dujail were hardly
the worst of the Hussein regime’s crimes against the Iraqi people. But
they were carried out in response to an attack mounted by guerrillas of the
Dawa Party, of which Iraq’s current prime minister, Ibrahim al-Jaafari,
is a member. The trial, which will reconvene on the eve of next month’s
parliamentary elections, is clearly aimed at mobilizing Dawa’s Shia base.
The Dujail episode also has the advantage, as far as Washington is concerned,
of not having a direct link to US foreign policy, which actively supported Hussein
in many of the most brutal acts carried out by his Baathist regime. These include
the suppression of the Iraqi left and the execution of Iraqi Communist Party
members in 1979; the US-backed invasion of Iran and Baghdad’s subsequent
use of chemical weapons, some of them supplied to Iraq by US subsidiaries, against
both Iranian troops and rebellious civilian populations in Iraq; and the suppression
of Shia and Kurdish uprisings—with the green light from Bush senior’s
administration—in the aftermath of the 1991 Gulf War.
These crimes, which are now invoked to justify the US invasion of 2003, did
not in the slightest deter Washington from backing Saddam Hussein’s regime
in the 1980s and tacitly supporting its survival in 1991.
An illegal court
The challenge mounted by Hussein and his attorneys to the legitimacy of the
court is well-founded. The court is a product of a decree issued by the colonial
occupation authority under Paul Bremer in 2003. As such, its existence constitutes
a violation of the Geneva Conventions, which bar occupying powers from changing
the law of the countries they occupy.
The court has merely waved aside challenges to its own legitimacy. The Iraqi
judges, after all, are in no position to decide on such a question, given that
their rulings and actions are being controlled by the unseen American “advisors.”
The standards of evidence and proof that are being used are in violation of
the legal codes of both international courts and those of the US itself. During
Monday’s proceeding, for example, the first evidence introduced in the
trial consisted of videotaped testimony taken from a former Iraqi intelligence
officer under the Hussein regime who has since died. No defense attorneys were
allowed to be present for his deposition, and now, obviously, they are unable
to cross-examine him.
Washington has insisted that Hussein and his co-defendants be tried in Iraq,
despite the fact that the ongoing colonial war there has made it impossible
for the court to function in anything approaching a normal fashion. The US is
determined to keep the trial out of an international court because it knows
that embarrassing questions—about both the illegal US invasion of 2003
and US support for Saddam Hussein when the crimes of which he is accused were
committed—would inevitably arise.
There is an additional reason. The Bush administration is determined to hang
Hussein and other members of the Baathist regime, and the death penalty has
been repudiated by international courts and virtually every advanced capitalist
country outside of the US.
This trial—with its predetermined conviction and sentence—has been
organized in large part for American domestic consumption. Much like Bush’s
landing on the aircraft carrier Lincoln to proclaim “mission accomplished”
or the staged toppling of Saddam Hussein’s statue in Baghdad, the trial
is meant to serve as another propaganda image promoting in the mind of the American
public a conception of the omnipotent power of US militarism.
It serves much the same function as the parading of captured warriors in chains
through the streets of ancient Rome. Then as now, the idea was to demonstrate
the unchallengeable power of the emperor and his legions.
The trial of Saddam Hussein is a reflection of the sick fantasies of the extreme
right-wing elements who dominate the White House. Hanging the Iraqi leader fulfills
a sadistic urge of the American president himself, who presided over 152 executions
while governor of Texas. Bush’s taste for state murder found a particularly
noxious expression in his public mockery of the plea for a pardon by a condemned
Texas woman before he ordered her put to death.
For the cabal that organized the war against Iraq, the trial and execution
of Saddam Hussein is meant as an act of vindication, while sending a message
to any other head of state who dares to challenge Washington’s foreign
policy and US corporate interests.
Like the invasion of Iraq, the attacks on its population, the seizure of tens
of thousands of people without charges in the “global war on terrorism,”
and the use of secret prisons and torture, this illegal trial is meant to terrorize
and to affirm the unfettered power of US imperialism to impose its own law and
dispense its own punishment wherever it sees fit.
The sham trial is, in the final analysis, a reflection of a deeply sick society,
in which an obscenely wealthy and corrupt ruling elite has grown so distant
from the lives and concerns of the masses of working people that it has come
to believe that there are no limits on its actions, that it can lie, cheat,
steal and kill with impunity.
However, like all of the fantasies that the American ruling elite and its government
entertained about its conquest of Iraq, the trial itself is proving a grave
disappointment, with the defendants’ defiance overshadowing the charges
themselves.
The reaction of the media has been one of growing impatience. Television commentators—one
sicker than the next—wonder aloud why they can’t just shut the defendants
up and get on with it. The general consensus seems to be: Why bother with a
trial when you can lynch the prisoners and no one in occupied Iraq can stop
it?
There is one inevitable and ominous byproduct of the US-staged show trial.
US foreign policy cannot function without creating new devils that must be punished.
Once the trial of Saddam Hussein moves forward to the Iraqi head of state’s
predetermined conviction and execution, Washington will have to come up with
a new bogeyman to frighten the American people and justify a new round of militarist
aggression.
Who will be the next target? Bashar Assad of Syria, Hugo Chavez of Venezuela
or Mahmoud Ahmadinejad in Iran? There is no doubt that the military plans are
well advanced for wars of aggression against all of these countries, as part
of US imperialism’s drive to assert its hegemony over world markets, sources
of oil and militarily strategic regions.