Salah Hemeid examines the political and moral questions surrounding the trial of Saddam Hussein Iraqi officials remain adamant that Saddam will be tried before an Iraqi court on charges that include genocide and crimes against humanity. If convicted he could face the death penalty. In the face of calls by several states, and by human rights groups for an international tribunal to ensure a just and fair trial, Iraq's justice minister, Hashim Al-Shibli, on Sunday announced that his department was already working on plans for Saddam's trial. In a press conference in Baghdad the minister said around 60 judges will preside over the trial which might take place in four different criminal courts. He said the plans included 20 investigative judges, empowered to investigate charges against Saddam, including those made by private citizens. Al-Shibli said all the judges would be Iraqi though the court would be able to seek advice from international experts and may allow Arab or foreign lawyers. "Saddam Hussein is Iraqi and all charges against him concern crimes committed inside Iraq. He is therefore subject to Iraqi law," said Al-Shibli. He confirmed the trial would be public but did not reveal whether or not there are plans to televise the proceedings. US officials, acknowledging that it will take time before Saddam can be tried for crimes committed against both his own people and those of neighbouring countries, say the trial will probably take place before the Iraqi Special Tribunal, created on 10 December by the US appointed Iraqi Governing Council and endorsed by US occupation authority. The State Department stresses that a wide range of legal issues have to be resolved before trial proceedings can start. If Saddam is tried by Iraqis, under the Iraqi criminal code the proceedings will resemble a murder trial. Investigative judges, instead of state prosecutors, will collect evidence against the accused which will then be handed out to the prosecutors and defence lawyers who will present their cases to a panel of five tribunal judges. A majority of the judges must agree on the final ruling. The accused can then appeal against any ruling to a nine-member Appeals Chamber. International participation may be allowed in the form of judges and lawyers from outside acting as observers and advisers, providing assistance to the presiding judges on issues concerning international law and ensuring the trial is conducted in accordance with accepted standards of due process. Those arguing for an Iraqi trial stress available procedures ensure significant protection for the accused, including the right to remain silent, the right to a speedy trial, the right to a lawyer and the right to an appeal. If Saddam is tried by the Special Tribunal US-led occupation authorities will have a significant influence on the process. Several human rights groups have said the tribunal is flawed and that Iraqis lack the experience and know-how to run the court. Some international lawyers have expressed concern that the court lacks legitimacy -- judges will be selected by an Iraqi body hand-picked by the United States. Some foreign governments and lawyers -- as well as UN Secretary General Kofi Annan -- object to the possibility that the tribunal will impose the death penalty, outlawed by most European countries and not permitted in UN-sponsored tribunals. There are fears that a US-influenced court will skip over the role played by Western governments, including the US, in supporting Saddam in the 1980s when some of his worst abuses were committed, with many experts arguing that Saddam be brought before an international tribunal. Others suggest the UN-sponsored war crimes tribunal established in Sierra Leone after that country's civil war as a possible model for the prosecution of Saddam. Saddam's status as a prisoner remains a thorny legal issue. The Americans are not defining him as a prisoner of war (POW), but at the same time are allowing him the privileges that POW status carries under the Geneva Conventions. Saddam, it would seem, continues to pose a dilemma for Iraqis even after his capture, though the feeling on the ground seems to be that he should be tried in Iraq. The Iraqis, who are only seeking justice, it is argued, need to observe the process at close range. A case distantly administered by members of the international community would not allow for that. And many people have raised the question of whether capital punishment may, in the end, be a moral as well as politically expedient outcome to the trial. Saddam's guilt is hardly in question. And whatever the option finally selected Saddam's trial is widely seen as a major test for both the US- led coalition and the Iraqi Governing Council. Given the high profile nature of the case, the international sensitivities involved, and the volatile security situation in Iraq, both Washington and Baghdad are treading carefully. "Be sure he will receive a fair trial. He will receive the justice he denied his Iraqi victims," IGC spokesman Muwafak Al-Rubaei told Al-Ahram Weekly in a telephone interview.
