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At 12:21 p.m., on October 19, 2005, Saddam Hussein was escorted into the Courtroom of the Iraqi High Tribunal in Baghdad for one of the most important and chaotic trials in history. For a year, two American law professors had led an elite team of experts who prepared the judges and prosecutors for "the mother of all trials." Michael Scharf, a former State Department official who helped create the Yugoslavia Tribunal in 1993, and Michael Newton, then a professor at West Point, would confront such issues as whether the death penalty should apply, how to run a fair trial when political and military passions run so high, and which of Saddam's many crimes should be prosecuted. Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.
Hussein's trial marked the first time since the UN was created that a head of state had been put on trial by an invading, occupying power. Dr. Al-Ani seeks to alert public attention to the threat this precedent poses to developing nations, and to its distortive influence on international law.
In the tradition of In Cold Blood and The Executioner’s Song, this haunting, insightful, and surprisingly intimate portrait of Saddam Hussein provides “a brief, but powerful, meditation on the meaning of evil and power” (USA TODAY). The “captivating” (Military Times) The Prisoner in His Palace invites us to take a journey with twelve young American soldiers in the summer of 2006. Shortly after being deployed to Iraq, they learn their assignment: guarding Saddam Hussein in the months before his execution. Living alongside, and caring for, their “high value detainee and regularly transporting him to his raucous trial, many of the men begin questioning some of their most basic assumptions—about the judicial process, Saddam’s character, and the morality of modern war. Although the young soldiers’ increasingly intimate conversations with the once-feared dictator never lead them to doubt his responsibility for unspeakable crimes, the men do discover surprising new layers to his psyche that run counter to the media’s portrayal of him. Woven from firsthand accounts provided by many of the American guards, government officials, interrogators, scholars, spies, lawyers, family members, and victims, The Prisoner in His Palace shows two Saddams coexisting in one person: the defiant tyrant who uses torture and murder as tools, and a shrewd but contemplative prisoner who exhibits surprising affection, dignity, and courage in the face of looming death. In this thought-provoking narrative, Saddam, known as the “man without a conscience,” gets many of those around him to examine theirs. “A singular study exhibiting both military duty and human compassion” (Kirkus Reviews), The Prisoner in His Palace grants us “a behind-the-scenes look at history that’s nearly impossible to put down…a mesmerizing glimpse into the final moments of a brutal tyrant’s life” (BookPage).
"This is a formidable and well-documented counterblast to a developing modern orthodoxy, expressing a point of view that many readers will not even have suspected existed, let alone read."--Anthony Daniels, Spectator "A useful and controversial contribution to the debate about victor's justice, and a valuable warning that international war crimes tribunals need to operate with precision and care."--Jonathan Steele, Guardian The rapid development of the use of international courts and tribunals to try heads of state for genocide and other crimes against humanity has been welcomed by most people, because they think that the establishment of international tribunals and courts to try notorious dictators represents a triumph of law over impunity. In A History of Political Trials, John Laughland takes a very different and controversial view, namely that political trials are inherently against the rule of law and almost always involve the abuse of process, as well as being seriously hypocritical. By means of detailed consideration of the trials of figures as disparate as Charles I, Louis XVI, Erich Honecker and Saddam Hussein, Laughland shows that the guilt of the accused has always been assumed in advance, that the judges are never impartial, that the process is always unfair and biased in favor of the prosecution, that the defense is not permitted to use all the arguments at its disposal, and that often the accusers have done exactly what they accuse the defence of having done. All the trials he recounts were marked by arbitrariness and injustice, often gross injustice. Although the chapters are short and easy to read, they are the fruit of formidable erudition and wide reading. The general reader will be forced by this book to re-examine the ideas on this subject, and will be much less sanguine about the possibility of bringing dictators and other leaders to genuine justice. John Laughland lives in Bath and is an author, journalist, and has been a university lecturer in France. He has published The Tainted Source: The Undemocratic Origins of the European Idea (Time Warner Paperbacks) and has written for the Spectator, he Economist, and The New York Times . Table of Contents Introduction The Trial of Charles I and the Last Judgement The Trial of Louis XVI and the Terror War Guilt after World War I Defeat in the Dock: the Riom Trial Justice as Purge: Marshal Peacute;tain faces his Accusers Treachery on Trial: the Case of Vidkun Quisling Nuremberg : Making War Illegal Creating Legitimacy: the Trial of Marshal Antonescu Ethnic Cleansing and National Cleansing in Czechoslovakia, 19451947 Peoplers"s Justice in Liberated Hungary From Mass Execution to Amnesty and Pardon: Postwar Trials in Bulgaria, Finland, and Greece Politics as Conspiracy: the Tokyo Trials The Greek Colonels, the Emperor Bokassa, and the Argentine Generals: Transitional Justice, 19752007 Revolution Returns: the Trial of Nicolae Ceausescu A State on Trial: Erich Honecker in Moabit Jean Kambanda, Convicted without Trial Kosovo and the New World Order: the Trial of Slobodan Miloscaron;evic Regime Change and the Trial of Saddam Hussein Conclusion Notes Bibliography and Further Reading Index
The trial of Saddam Hussein marks the first time since the UN was created that a head of state has been put on trial by an invading, occupying power. This book, by the UK coordinator of Saddam Hussein's defense team, seeks to alert public attention to the threat this precedent poses to developing nations worldwide, and to its distortive influence on the further development of international law. Al-Ani documents the trail of illegalities marking the destruction of Iraq at the hands of the US and UK, from the genocidal sanctions of the 1990s, the US State Department pre-invasion planning that commenced in 2001, and the 2003 invasion, to the setting up and proceedings of the Tribunal that swiftly dispatched Saddam Hussein. While the Tribunal was intended to promote the image of a triumphant Iraqi democracy, the US was actually in control of all stages of the trial. It drafted the Tribunal's Statute, decided where the trial would be held, and what charges would be brought; researched, compiled, stored, and prevented access to evidence and documentation; elected and trained the judges, and micro-managed the proceedings. Al-Ani follows the trial step by step, detailing its many failures and US micro-management: * Important documents were not given to defense lawyers in advance * no written transcript of the trial was kept * paperwork was lost * The defense was prevented from cross-examining witnesses * judges and numerous witnesses participated incognito, * defense lawyers were intimidated, three were assassinated * defense witnesses were frightened to come forward * defense lawyers could not communicate with their client or review the evidence The trial itself was so farcical as to provoke international condemnation. International human rights groups, including Amnesty International and Human Rights Watch, as well as UN bodies such as the Working Group on Arbitrary Detention and the High Commissioner for Human Rights, have stated that the Iraqi Special Tribunal and its
This series by the International Courts Association presents landmark cases in international criminal law. Each volume contains the legal materials related to the presented case, as well as background information on the Tribunal/Court itself. Extensive bibliographic information is also included. This third volume in the series examines the court case of Sadam Hussein.
Saddam Hussein. Derided as "the Butcher of Baghdad," he was charged with the most serious crimes known to mankind. On October 19, 2005, the ruthless Iraqi leader and seven of his henchmen began a legal battle of epic proportions, with their lives literally in the balance. The first of several planned trials before the Iraqi High Tribunal focused on the destruction of the town of Dujail and the torture and murder of its inhabitants in retaliation for a 1982 failed assassination attempt. Billed by the international media as "the real trial of the century," the televised proceedings were punctuated by gripping testimony of atrocities, controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment, hunger strikes, and even underwear appearances. Was it a mistake to try Saddam in Baghdad before a panel of Iraqi judges? Was the Iraqi High Tribunal a legitimate judicial institution? Were the proceedings fundamentally fair? Did the judges react properly to the defendants' attempts to derail the proceedings? Did the Prosecution prove its case? Did Saddam have any valid defenses? What precedents did this extraordinary trial set? Saddam on Trial: Understanding and Debating the Iraqi High Tribunal provides the reader with a thorough understanding of these and a host of other issues related to the Saddam Trial. The text offers a series of essays, in which leading international and criminal law experts discuss and debate more than thirty discrete questions raised by the trial. The book also includes a psychological profile of Saddam Hussein, a chronology of events related to the charges, a glossary of key legal terms, a synopsis of the charges and applicable law, a summary of the evidence and testimony, an analysis of the judgment, and English translations of the Tribunal's Statute, Rules, and other relevant instruments. Saddam on Trial is designed for law students, undergraduates, academics, journalists, and general readers. The book will be useful as a supplement for any law school course on International Law, International Criminal Law, International Humanitarian Law, or National Security Law. It is also suitable for undergraduate Foreign Relations, Public Policy, or Criminal Justice courses. An accompanying Teacher's Guide contains suggested questions and answers, debates, simulations, and role play exercises designed to facilitate use of the book as a teaching tool. "The expertise of the authors and the contributors (all specialists in the rarified world of international criminal tribunals and the broader fields of international human rights) ensured that the essays are uniformly well written, focused on important topics, and interesting." -- Law & Politics Book Review
The first man to conduct a prolonged interrogation of Saddam Hussein after his capture explains why preconceived ideas about the dictator led Washington policymakers and the Bush White House astray.
An insider's account of the often-fraught U.S.-Saudi relationship Saudi Arabia and the United States have been partners since 1943, when President Roosevelt met with two future Saudi monarchs. Subsequent U.S. presidents have had direct relationships with those kings and their successors—setting the tone for a special partnership between an absolute monarchy with a unique Islamic identity and the world's most powerful democracy. Although based in large part on economic interests, the U.S.-Saudi relationship has rarely been smooth. Differences over Israel have caused friction since the early days, and ambiguities about Saudi involvement—or lack of it—in the September 11 terrorist attacks against the United States continue to haunt the relationship. Now, both countries have new, still-to be-tested leaders in President Trump and King Salman. Bruce Riedel for decades has followed these kings and presidents during his career at the CIA, the White House, and Brookings. This book offers an insider's account of the U.S.-Saudi relationship, with unique insights. Using declassified documents, memoirs by both Saudis and Americans, and eyewitness accounts, this book takes the reader inside the royal palaces, the holy cities, and the White House to gain an understanding of this complex partnership.
A critical examination of the history of US-Palestinian relations The United States has invested billions of dollars and countless diplomatic hours in the pursuit of Israeli-Palestinian peace and a two-state solution. Yet American attempts to broker an end to the conflict have repeatedly come up short. At the center of these failures lay two critical factors: Israeli power and Palestinian politics. While both Israelis and Palestinians undoubtedly share much of the blame, one also cannot escape the role of the United States, as the sole mediator in the process, in these repeated failures. American peacemaking efforts ultimately ran aground as a result of Washington’s unwillingness to confront Israel’s ever-deepening occupation or to come to grips with the realities of internal Palestinian politics. In particular, the book looks at the interplay between the U.S.-led peace process and internal Palestinian politics—namely, how a badly flawed peace process helped to weaken Palestinian leaders and institutions and how an increasingly dysfunctional Palestinian leadership, in turn, hindered prospects for a diplomatic resolution. Thus, while the peace process was not necessarily doomed to fail, Washington’s management of the process, with its built-in blind spot to Israeli power and Palestinian politics, made failure far more likely than a negotiated breakthrough. Shaped by the pressures of American domestic politics and the special relationship with Israel, Washington’s distinctive “blind spot” to Israeli power and Palestinian politics has deep historical roots, dating back to the 1917 Balfour Declaration and the British Mandate. The size of the blind spot has varied over the years and from one administration to another, but it is always present.