Posted on 08/20/2006 5:40:29 PM PDT by mdittmar
BAGHDAD Iraq's ousted leader Saddam Hussein will return to the dock today to face genocide charges in a highly-charged case that has revived bitter memories among the country's Kurdish minority.
The imprisoned strongman has been exercising and eating well in preparation for his appointment with the Iraqi High Tribunal, according to US officials, but he is not alone in awaiting the day with keen anticipation. "I am waiting patiently to see him in court so that I can quench my thirst to see him humiliated," said Kurdish villager Abdullah Mohammed, who blames Saddam for the killing of his three daughters and his three brothers.
Saddam's second trial will see him and six co-defendants face a raft of charges related to the 1987-1988 Anfal campaign by Iraqi forces, in which an estimated 100,000 Kurds were slaughtered and 3,000 villages razed.
Proceedings are expected to last until the end of the year, unless they are interrupted by the results of the first case against Saddam over the killing of 148 Shiite villagers from Dujail after an attempt on his life in 1982.
Judges in the Dujail case are due to announce their verdict on October 16. If Saddam is found guilty, he could be given the death penalty.
If so, he would have an automatic right of appeal, but if he loses he could face a noose before the Anfal trial is complete.
The case against Saddam's co-defendants, former senior security officials in his regime, would continue however, as prosecutors seek to make the terrible events of 1988 at matter of legal record and heal some of Iraq's wounds.
"The evidence will essentially consist of the testimony of the complainants, testimony of witnesses, and a documentary phase," a US offical close to the case said on condition of anonymity.
"There are a lot of documents in this case that truly connect the defendants of this case to the actions of the Anfal-very appalling evidence consisting of mass graves where people where taken out to the desert and executed."
The chief trial judge will be an Iraqi Shiite Arab, Abdallah Al Ameri, according to officials at the tribunal's office in Kurdistan. Saddam and co-defendants will be defended by 12 lawyers, while a 32-strong legal team will represent Anfal victims.
Six former senior officials will be charged alongside Saddam, most significantly his cousin Ali Hassan Al Majid, who became notorious as "Chemical Ali" for ordering poison gas attacks. Prosecutors will seek to prove that in ordering Anfal, named after an Arabic term for "spoils", Saddam was guilty of a genocidal bid to exterminate the Kurdish civilian population.
The defence is expected to argue that Anfal was a legitimate counter-insurgency operation against Kurdish separatist guerrillas who sympathised with the Iranian side in the Iran-Iraq war of the 1980s.
Iraqi prosecutors and their international advisers, however, feel they have enough evidence to tie Saddam and his inner circle to a policy of setting up "prohibited zones" within which Kurdish civilians were bombed, gassed and shot.
Kamal Othman Khoshaw, the general prosecutor of Kurdistan, said his teams have unearthed what they believe is clinching proof of Saddam's guilt.
"Among the documents is a military one issued by the General Command of the Armed Forces, addressed to the general commander, and breaking the news that the operation with all its eight stages was over," he said. "The document names all the leaders and party members involved," he said.
Human rights watchdogs, however, are concerned that the Iraqi tribunal does not have enough experienced jurists to conduct a genocide hearing and cannot provide enough security to defence witnesses.
This is all well and good, but I really think it would have been a lot better to just put a bullet in Saddam's head and be done with it.
This dog and pony show is just not worth effort in my book. We all know what the outcome of this will eventually be, and the notion of a free and fair trial for Saddam may be pleasing to us in the West, but I doubt if most Iraqi's much care. The majority of the Shiites and Kurds just want him dead.
Saddam's trial has been a circus and distraction. It has given a platform to spew anti-Americanism to the likes of Ramsey Clark and his ilk. Better if we had just handed him to a pack of angry Shiites or Kurds and let them take care of business.
And that's why America is different.
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