Saddam Hussein's Day in Court

The trial of Saddam Hussein began today in Baghdad in the same building that once served as the National Command Headquarters for Hussein's Baath Party. The former Iraq leader defiantly answered questions about the validity of the trial before pleading not guilty.

The case concerns the rounding up and execution of 148 men in Dujail, a Shia village north of Baghdad, following an attempt there on Saddam Hussein's life.

Reaction from the Arab world has been slow because this is the middle of Ramadan. However the consensus is that many people in the Middle East quietly support the idea of bringing their leaders to account, though few openly voice such dangerous sentiments. However most are skeptical about US intentions in the trial. Observers are wondering if Hussein can have a fair trial.

“For nearly two decades, we have called for Saddam Hussein and his henchmen to be brought to justice,” said Richard Dicker, director of Human Rights Watch's International Justice Program, who is leading a team of trial observers in Baghdad. “We have grave concerns that the court will not ensure fair trials. To ensure justice and its own legitimacy, the court must fix these deficiencies.”

In a 18-page report produced by Human Right Watch, problems have been found with the Suprem Iraqi Criminal Tribunal and its statutes.

• No requirement to prove guilt beyond reasonable doubt.
• Inadequate protections for the accused to mount a defense on conditions equal to those enjoyed by the prosecution.
• Disputes among Iraqi political factions over control of the court, jeopardizing its appearance of impartiality.
• A draconian requirement that prohibits commutation of death sentences by any Iraqi official, including the president, and compels execution of the defendant within 30 days of a final judgment.

The Supreme Iraqi Criminal Tribunal has the authority to try Iraqis for grave crimes such as genocide, war crimes and crimes against humanity. Funded mostly by the U.S. government, the court will try some of the most notorious human rights violations that took place under the previous government - including the poison gas attacks against Iraqi Kurds and the brutal suppression of the 1991 rebellion in the south.

“We want these trials to succeed. We will be carefully monitoring the proceedings,” said Dicker. “We hope the court respects the right of the accused to mount a vigorous defense.”

The trial has been adjourned until November 28.