An Iraqi tribunal
has convicted former Iraqi dictator Saddam Hussein of mass murder
and sentenced him to death. Bringing Saddam and his henchmen to
justice is a welcome milestone on Iraq's grueling path from
dictatorship to democracy. Without resolving Saddam's fate,
national reconciliation would be a difficult proposition for Iraq's
Shia Arabs and Kurds, long persecuted by Saddam's Sunni-dominated
regime.
Saddam's trial
also is an important step towards establishing the rule of law in
Iraq. And it is a historic event for the broader Middle East. As
one Iraqi blogger , "For the first time in our region tyrants are being
punished for their crimes through a court of law."
Saddam's trial
stands out as an exemplary model of fairness compared to the
arbitrary "justice" meted out by his own regime and other
governments in the Middle East.
Saddam's trial was
not an example of "victor's justice" imposed by foreign powers but
a judicial proceeding designed and carried out by Iraqis, who were
the chief victims of his brutal rule. Nor was it a kangaroo court
or show trial. The Iraqi judicial authorities labored to give the
toppled tyrant a fair hearing. It was Saddam who sought to put on a
show, spewing vitriolic rhetoric to score points with his diehard
followers and help ignite a wider insurgency.
Saddam was found
guilty of ordering the 1982 murders of 148 Iraqis from the
predominantly Shiite village of Dujail after a failed assassination
attempt against him. He will be hanged, along with his half-brother
Barzan Ibrahim, then the leader of Iraq's feared Muhkabarat
intelligence agency, and Awad Hamed al-Bandar, head of Iraq's
Revolutionary Court, which issued the death sentences against the
Dujail villagers. A local Baath Party officer was acquitted for
lack of evidence, and four others received prison sentences in the
highly publicized trial.
An Iraqi appeals
panel has unlimited time to review the case. But if the verdicts
are upheld and confirmed by Iraq's presidential council, the
convicted men must be executed within thirty days. Meanwhile,
Saddam is standing trial in another case related to the 1988
"al-Anfal" (the spoils) campaign against Iraqi Kurds, who opposed
his brutal regime. Approximately 4,000 villages were destroyed and
180,000 Kurds liquidated in a series of mass murders designed to
break down all resistance to his dictatorship.
Saddam did not
calmly accept his verdict. He screamed at the presiding judge, "Go
to hell, you and the court!" and cynically chanted, "Allahu Akbar,"
(God is great) to pander to radical Muslims viewing the televised
proceedings. Yet this serial mass murderer killed over half a
million of his own countrymen (by conservative estimates) during
his reign of terror and several hundred thousand more Iranians and
Kuwaitis while invading his neighbors. This makes him responsible
for the deaths of more Muslims than any single leader since the
Mongol hordes invaded the Middle East in the 13th century.
Saddam's legacy
persists in Iraq's bloody insurgency, which is dominated by a loose
alliance of his Baathist followers, Sunni Arab tribes, and Islamic
radicals. Bringing Saddam to justice was an important
accomplishment of the American intervention in Iraq. But to
safeguard Iraq's future, the United States must help Iraq's elected
government to defeat the insurgents that continue to murder
innocent Iraqis and American troops in Saddam's name.
James
Phillips is Research Fellow for Middle Eastern Affairs
in the Douglas and Sarah Allison Center for Foreign Policy Studies,
a division of the Kathryn and Shelby Cullom Davis Institute for
International Studies, at The Heritage Foundation.