If Saddam is Going to be Accused in the Court?

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Last updated at: (Beijing Time) Thursday, August 07, 2003

If Saddam is Going to be Accused in the Court?

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It is not difficult to make Saddam guilty. But the question is which conviction is more suitable for him and which has more related evidences for it. Should a special court be set up in Iraq, it will be easier to avoid the troublesome issues of " immunity right", "administrative right" and "which law being more suitable for him" when administering a trial on him. And by the way it can also give a high-sounding excuse to the people in America and the questioning international community as well as striking a terror into the remnant forces of Saddam in Iraq.

Recently, both President Bush and the commander of U.S army all expressed in a sanguine tone that the ransacking scope for Saddam became smaller and smaller and it was quite likely to catch him. The international community is now paying close attention to the developing situation, and the media are focusing on the action to be taken when Saddam is sought out. The author would like to discuss and analyze the possible case to be heard and some related issues when Saddam is brought to the court by the US army.

What is to be accused of?

The crimes that Saddam was accused of by the US include the following two: hiding and disseminating weapons of mass destruction, and in connection with Al-Qaeda Group and terrorist activities. The U.S. has left no stone unturned to find out the evidences for the two crimes, but so far nothing has been found useful. Although still opinionated, the U.S. is now not as confident as before and has fallen into a mire of whether the "Intelligence Office" has framed up the forgery. However, even though these two evidences are not convincible the U.S can still find out some accusations of Saddam by bringing out many other "evidences". For example, Saddam can be accused of "destroying the peace " because of his invasion into Kuwait in 1990. The US can also accuse Saddam of the "war crime", for he used biological and chemical weapons during the periods of Iran-Iraqi War and the internal strife when putting down the armed conflicts by the opposition party. It doesn't matter whether the weapon was made by itself in Iraq or provided by the U.S. in secrecy. Moreover, the US can also find other crimes instead, such as " anti-human crime", "genocide crime" and "crime of inciting and supporting terrorist activities". So, it is not difficult to make Saddam guilty, and the only question is which accusation is more suitable for him and which is more persuasive.

Where is the case to be heard?

Once Saddam is seized and brought up for trial, it is of primary importance for the U.S. to choose a place for hearing the case.

First and foremost, the place which is to going be excluded should be the international judicial organs and their location for there is no international court specialized for Iraqi issues. The two international criminal courts for the former Yugoslavian and Rwanda cases were set up in accordance with the resolution of the UN Security Council. The Security Council will not pass such a resolution to set up a special court for Iraqi issues under the present situation. According to "Rome Convention" taking effect as from July 1997, though the International Court of Justice is already in operation, the U.S. and Iraq haven't approved the convention. So, the U.S will not submit the case of Saddam to the court.

The second way is to escort Saddam to the U.S. and to be tried by the U. S. court or the military court but it is rarely possible. The U.S has many things substantial to be taken care of. First, the anti-U.S. waves in Iraq are rising high. Secondly, a strong antipathy is seen in Arabian and other countries in the world. Thirdly, the U.S. will be landed in a passive position should Saddam speak out in the American court something to the U.S. disadvantage. Fourthly, the American judicial procedures are relatively strict, complex, of high cost and rather long-winded (it took two years to bring to finish the Noriega's case). And finally, it will rouse a great debate both in American and in the international judicial circles as to whether there is any immunity right and administrative right for Saddam in the USA.

The best possible and maneuverable way is to submit Saddam to the special court organized by the temporary committee in Iraq appointed by the US. This court will hear and rule his crimes in accordance with the Islamic doctrine and decree, and put them into execution. The trial can not only avoid the troublesome issues of "immunity right", "administrative right" and "adapting to the law" but also give a high-sounding excuse to American people and the questioning international community, striking a terror into the remnant forces of Saddam. By the way it is propitious to push forward the rebuilding of Iraq under the US guidance. One may say it is a good idea to kill three birds with one stone.

The author is a professor of Institute of International Laws under East China University of Politics & Laws, director of the Institution of International Laws and director of International Laws Center under Shanghai Institute of International Studies

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