U.S. Army Soldiers escort detainees to the courthouse in Baghdad, Aug. 3. The Soldiers are from 1st Battalion, 180th Field Artillery, Arizona Army National Guard. Department of Defense photo by Air Force Senior Airman Richard Rose.
Posted on 09/11/2006 6:20:41 PM PDT by SandRat
One of the challenges the government is tackling head on is the legal trials of previous regime officials.
Former Iraqi President Saddam Hussein continues his second trial by the Iraqi High Tribunal on Monday for the Anfal genocide campaign against the Kurds. Faced with crimes against humanity, Saddam could face the death penalty over the charge of having ordered up to 100,000 Kurds killed.
The proceedings come on the heels of the Dujail case, where Saddam and seven others were tried for murders committed by the regime after a failed assassination attempt in the mostly Shiite town in 1982.
After a verdict is announced in the Dujail case, the defendants are free to appeal the sentencing. Once the appellate court hears the case it has a maximum of 30 days to render a verdict.
The court can decide to do one of three things: stay the verdict, which means the sentence will be carried out as ordered, though at a later date; reduce the sentence if found it is too extreme for the crime on which the defendant was convicted; or order the sentence carried out with no changes.
The Iraqi Special Tribunal differs from a conventional American court due to the ability for a trial to be both civil and criminal simultaneously, Leavengood explained.
If found guilty, Saddam and his co-defendants could not only face prison or death, but could also be forced to pay punitive damages to the victims in the case.
Given the high-profile nature of the Dujail proceedings, it was imperative for the Government of Iraq to ensure Saddam and other defendants received a fair and transparent trial, Leavengood said.
Judges for the Iraqi Special Tribunal were selected in a way that ruled out bias.
“It is tough to develop a justice system where the judges are trusted in a country were there isn’t much trust,” Leavengood said.
The Iraqi legal system is rooted in early Egyptian law, but has a strong European influence, mainly from the French society, he added.
Still, as justice system that was trivialized for so long under Saddam has not always had a smooth journey in its attempts to regain a footing based on pure law.
“There is a learning curve here,” Leavengood said. “It’s learning to balance tradition while still embracing new more socially fair ways of conducting the legal system.”
While the court system has received some scrutiny from outside sources, legal experts say Iraq’s justice system is moving forward in a positive direction.
“Under the Saddam regime, the rule of man was over the rule of law. We much encourage the Iraqi people so that this changes,” said Leavengood.
With the Anfal trial already underway, Saddam could still stand trial for up to four more cases. The former dictator could be brought to court for the 1990 invasion of Kuwait, a case that would likely see charges of crimes against humanity, among others.
Now, as the members of the former Iraqi regime awaits their fate, the Iraqi government is moving forward in its efforts to unite the people of Iraq under a new tradition of equality and justice for all citizens.
Rule of Law Lessons Return to Iraq
However, the Rule of Law doesn't last forever. Just look at what we have done to the interpretation and application of our rather simple and direct Constitution, most of it done just in the rather brief time since FDR!
Hey, we don't even enforce our own laws anymore. Just look at what's going on with our borders.
I really doon't understand why Saddam is still alive. A quick trial would have been over by now and he could have been resigned to history. As it is, having him alive leaves the possibility - however slight - of his returning to power and exacting revenge.
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