Justice?
1. The Court was illegal.
2. The trial had no legal basis. (see below)
3. The attorneys were assassinated.
4. The judge was removed by Bush's puppets.
Justice ? What did they want to hide?
MICHEL COLLON
MALCOLM SMART, DIRECTOR OF AMNESTY INTERATIONAL'S MIDDLE EAST AND
NORTH AFRICA PROGRAMME:
"Obviously we deplore the verdict of the death penalty against Saddam and one of
his co-accused. We don't consider it was a fair process. The court was not
impartial. There were not adequate steps taken to protect the security of
defence lawyers and witnesses..."
Proceedings and Verdict in the show trial
of Mr. Hussain are illegal
Dirk Adriaensens
(member of the BRussells Tribunal Executive Committee).
Abdul Ilah Al Bayaty
(member of the BRussells Tribunal Advisory Committee).
(05 November 2006)
URL of this page:
http://www.brusselstribunal.org/HussainAppeal.htm
The BRussells Tribunal
has already alerted World public opinion on June 29 that the proceedings against
Mr. Hussain should be halted. We raised fundamental legal questions about the
detention and trial of Mr. Hussain in light of existing rules of the laws and
customs of war (humanitarian law), and the laws established under the
international system of human rights. These bodies of law are binding on all
judicial actions.
We confirm that neither the Special Tribunal nor its verdict issued today are
legal or could serve the cause of peace and justice. We ask all people who
believe in peace and justice to condemn the US illegal occupation and illegal
actions, including Mr Hussain's trial.
We notice that most Human Right Organisations have also condemned the
proceedings of the trial and today's verdict. Amnesty International's Malcolm
Smart declared: "Obviously we deplore the verdict of the death penalty against
Saddam and one of his co-accused. We don't consider it was a fair process. The
court was not impartial. There were not adequate steps taken to protect the
security of defence lawyers and witnesses... "
We also notice the double standards of the brutal occupation forces and its
puppet government. With rivers of blood flowing on the streets of Baghdad, the
whole Saddam trial looks meaningless! It does not mark the prevailing of justice
nor the rule of law!
There are Iraqi political figures in power, who are linked to the sectarian
killing and the death squads, when will they be held accountable?
We hope that the US and it's puppet government come to their senses and stop all
proceedings against Mr. Hussain, cancel the verdict, stop the illegal occupation
of Iraq, get the foreign troops out, and leave Iraq to the Iraqis.
Dirk Adriaensens (member of the BRussells Tribunal Executive Committee).
Abdul Ilah Al Bayaty (member of the BRussells Tribunal Advisory Committee).
Declaration on the legal necessity to halt the proceedings against POW
President Saddam Hussain.
1. On June 21, 2006, attorney Khamis al-Obaidi was killed in Baghdad. He is
the third defense counsel for Mr. Saddam Hussain to be killed, joining Mr.
Sadoun al-Janabi, killed in October 2005 and Adel al-Zubaidi, killed in November
2005. Attorney Thamir al-Khuzaie was wounded in the November incident.
2. Attorney al-Obaidi was the ninth person connected with the trial of Mr.
Hussain to be killed, prompting another attorney in the case, Najeeb al-Naimi
(former Qatari minister of justice), to state: "there is no security. All of us
have received threats."
3. The murder of yet another defense counsel has prompted many concerned with
the overall situation in Iraq to question whether all proceedings should be
halted due to the undue risk of the participants' lives and safety. While
agreeing that proceeding should be halted on safety grounds, we also have more
fundamental legal questions about the detention and trial of Mr. Hussain in
light of existing rules of the laws and customs of war (humanitarian law), and
the laws established under the international system of human rights. These
bodies of law are binding on all judicial actions.
4. In order to sort out all the possible irregularities if not violations of
fair trial rules from both humanitarian and human rights law, we must first
state that Mr. Hussain is a prisoner of war. This is because he was the
commander-in-chief of the armed forces of Iraq in the war by the United States
against Iraq. As a POW, he is entitled to all provisions of Geneva Convention
III of 1949, Protocol Additional I to the Geneva Conventions, and all binding
customary humanitarian law relating to confinement of POWs. Of particular note
in this regard is Article 22 of Geneva Convention III, which provides that POWs
may not be held in penitentiaries unless in the interest of the POWs themselves.
It appears that Article 22 is being violated in the confinement of Mr. Hussain,
and we also question whether there is full application of the rights set out in
Articles 25 - 27 regarding other conditions. In this light we urge that the
authorities allow full access of the International Committee of the Red Cross or
other competent organization to assess the conditions of confinement. It appears
that the US has clear physical control over Mr. Hussain.
5. Of key importance in this situation is to determine who may try Mr. Hussain
and for what acts. While the invasion of Iraq by the United States forces was
illegal, the Geneva Conventions nonetheless apply, and under provisions of the
Geneva Convention, the United States, as the Occupying Power, may charge and try
Mr. Hussain for acts in contravention of humanitarian law. Whether on Occupying
Power could try a POW for human rights violations occurring outside the context
of the armed conflict raises serious questions. (That question was only
partially raised in the Astiz case: Mr. Astiz was captured in the Malvinas War,
but was alleged to have participated in human rights violations in Argentina.
Several States wanted to try him for those violations, but he was instead
returned to Argentina by the Protecting Power). The United States, for political
reasons, did not want to try Mr. Hussain itself because Mr. Hussain had not
committed any actionable offences against the United States, either during the
US-Iraqi war or at any other time. Further, the United States would not have
been able to validly sentence Mr. Hussain unless as a result of a proceeding in
the same courts as it uses for its own armed forces (Article 102), provided that
a number of other conditions are met. The United States could turn Mr. Hussain
to a neutral State (or in Geneva Convention language Protecting Power), but also
for political reasons did not choose to do so. In fact, the United States has
not authorized any State[s] as Protecting Power[s]. However, as the Astiz case
suggests, a Protecting Power itself can neither try a person under its
protection in its own courts for criminal acts committed in another State, nor
turn a Protected Person over to a third party State. The United States could
also try Mr. Hussain in its own civil courts "if its laws permit civil courts
jurisdiction over its own armed forces (Article 84). Instead, the United Stated
turned Mr. Hussain over to a specially constituted "court" of occupied Iraq,
supposedly under the command of a judicial system controlled by the "Iraqi"
government. The "Iraqi" government, however, is not an independent State, but
one controlled by the Occupying Power. In the situation in Iraq, there is
essentially no functioning, independent judiciary, and there had not been any
provision in the old judicial system for trying POWs in civilian courts. The
Occupying Power destroyed any possibility of Iraqi military tribunals as the
venue for trying Mr. Hussain. The Iraqi court is inherently biased and fails to
meet minimun standards of impartiality. The situation, then, is one of total
judicial abnormality with a lack of legal authority. Accordingly, the trial of
Mr. Hussain should be halted until such time as there is a court with proper
legal authority and with jurisdiction over the alleged acts at issue.
6. While the court itself is a legal aberration and must be halted on that
ground alone, it is still important to point out that in the process as a whole,
there have been numerous violations of other minimum requirements for either
military or civil courts, as set out in Article 9 and 14 of the International
Covenant on Civil and Political Rights. So even if there may be some grounds for
"legalizing" an illegal tribunal, the proceedings in themselves would require
nullification of either imposition of or carrying out any sentence.
7. It is important to note that the crimes that Mr. Hussain is currently charged
with did not take place in the context of the current war: in fact they did not
take place in the context of any war and thus are not actionable as breaches of
the Geneva Conventions or other instruments or principles of humanitarian law.
The alleged crimes are criminal law violations, not war crimes. Conditions in
Iraq preclude meaningful, impartial investigation into the events, and even if a
proper-constituted court were to be established, fair trial rules relating to
evidence may be impossible to meet.
8. The trial of Mr. Hussain is taking place in a context of the daily commission
of grave breaches of the Geneva Conventions by the Occupying Power. Under such
conditions alone, the trial should be halted as impossible under the
circumstances.
9. The 1945 Nuremberg Charter states clearly: "To initiate a war of aggression
..is not only an international crime, it is the supreme international crime,
differing only from other war crimes in that it contains within itself the
accumulated evil of the whole." The UN Charter and its Definition of Aggression
(GA Res. 3314) reinforce this rule. Since the invasion under the Nuremberg and
UN Charters was utterly illegal, all that followed from it is illegal, from Mr.
Bremer's laws to the new constitution to the trial of Mr. Hussain.
10. For the reasons set out above, the current judicial proceedings against Mr.
Hussain should be halted. The provisions of Geneva Convention III relating to
Protecting Powers and POWs should be implemented regarding Mr. Hussain and all
similarly situated persons of the government in place at the time of the
invasion of Iraq who are detained in Iraq. All persons involved with the
proceedings must be fully protected.
To all those who respect international legality: Please raise your voice against
the constant breaking of international rules governing Mr. Saddam Hussain's
trial.
The BRussells Tribunal, in defence of international law, and in solidarity with
the defense counsel and staff and with the families of those killed.
29 June 2006.
URL of this page:
http://www.brusselstribunal.org/HussainAppeal.htm