Q&A: Judging Saddam Hussein

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Q&A: Judging Saddam Hussein

NPR.org, October 18, 2005 · Saddam Hussein is on trial for crimes alleged to have been committed during his rule in Iraq, which lasted from 1979 to 2003. The trial will not bear any clear resemblance to an American trial, or even to recent international war crimes tribunals.

What is he charged with?

Initially, Saddam Hussein and seven other members of his former government will be charged with crimes relating to a 1982 attack on the town of Dujail, north of Baghdad. It is alleged that the defendants were responsible for the deaths of 143 people, an act of reprisal for the attempted assassination of Saddam as his convoy drove through the mostly Shiite town on July 8, 1982.

The exact charges against Saddam and his co-defendants will not be known until they are read in court. Investigating Judge Raid Juhi told reporters in Baghdad that the charges would focus on the areas of "crimes of premeditated murder, forced expulsion of residents, torture and forced disappearances of individuals."

Iraqi leaders, and their American advisers, selected the low-profile Dujail incident as the tribunal's first case against Saddam because it was relatively easy to put together and, they believe, has a high probability of producing a conviction.

What is the significance of the trial?

The significance is twofold. First, this is a chance to see justice done, or revenge meeted out, for the millions of Iraqis affected directly and indirectly by the terror tactics of Saddam's government.

Second, and perhaps more importantly, this is a chance for Iraq to prove to itself, and others, that it can function as a society under the rule of law, rather than a society under the rule of the gun.

Iraq has a reputation in the Arab world of requiring a strong hand in government to hold society together. A successful trial of Saddam and his former liutenants would be a symbolic victory in efforts to prove otherwise.

Where will the trial be, and under what kind of security?

The trial takes place in a heavily guarded Baghdad courtroom inside the Green Zone, where the Iraqi government and the U.S. embassy are located. The defendants are expected to sit together, perhaps behind protective glass.

The identities of many of those involved in the trial, including prosecutors and witnesses, may be shielded to avoid reprisals from Saddam loyalists.

Who is prosecuting him?

A team of prosecutors from the Iraqi Special Tribunal will argue the case against Saddam. The tribunal was set up by Americans, but is now run by the elected Iraqi government and staffed by Iraqis.

This trial, and ones to follow, are unusual in that they are being run by Iraqis, not outsiders. Most tribunals like this since World War II have been run by occupying powers or international organizations.

Prosecutors, and other tribunal staff members, were trained for the proceedings by members of the International Bar Association, among others.

Who is defending him?

Iraqi lawyer Khalil Dulaimi is Saddam's primary lawyer. All of the seven co-defendants have at least one lawyer representing them. At one point Saddam had 1,500 lawyers on his side. He fired them in August 2005 and is now relying on a much smaller legal team.

Dulaimi is working with London-based lawyer Abdel-Haq Alani. They have sought to delay the start of the trial and have publicly challenged the court's competence. Although the start date of the trial has not been moved, it is believed that the defense will ask for, and receive, a delay after proceedings begin. The adjournment could last 15 days, or longer.

A number of international advisers are also associated with Saddam's defense team. Ramsey Clark, a U.S. attorney general in the 1960s, Mahathir Mohamad, the former prime minister of Malaysia, and Aysha Moammar Ghadafi, a law professor and the daughter of Libyan leader Moammar Ghadafi, are all working with Saddam's primary lawyers.

Saddam's daughter Raghad Saddam Hussein -- who has no legal training -- is overseeing the defense team.

Who is judging him?

A five-judge panel will listen to the evidence and produce a verdict. There is no jury. The chief judge will ask questions.

U.S. officials say the Iraqi judges have received special training from American, British and Australian experts. They may also receive international assistance during the proceedings.

How long is the trial expected to last?

The length of the trial is not set. It is believed that there will be a recess of at least two weeks a day or two after the trial begins.

There is an extensive appeal process available to Saddam and the other defendants if they are convicted.

What access will the news media have to the trial?

Reporters will be able to watch the proceedings in the courtroom, and some photography will be allowed. No plans have been announced for allowing TV coverage in the courtroom. If TV crews are allowed in, it is likely to occur once the proceedings are well under way.

Saddam's lawyers have been talking to the press in the run-up to the trial, as have American officials supporting the current Iraqi government.

Do everyday Iraqis show any interest in the trial?

The trial is of significant interest to two groups of Iraqis. Iraqis who have been touched by the former government's heavy hand are eagerly looking for justice.

Many in the Sunni Arab minority, the group Saddam came from and favored, are fearful that this trial will be the first act of revenge by the Kurds and Shiite majority against their former oppressors.

What happens if he's convicted?

He could face the death penalty, or imprisonment. There is an extensive appeals process. Any execution would take place within 30 days of the final appeal being exhausted.

If he's not convicted?

He would likely be tried on other charges.

Will there be other Saddam trials after this?

Regardless of the verdict, the trial is expected to be the first of about a dozen involving crimes allegedly committed by Saddam and others in the regime during their 23-year rule.

These include the 1988 gassing of up to 5,000 Kurds in Halabja and the bloody 1991 suppression of a Shiite uprising in the south after a U.S.-led coalition drove the Iraqi army out of Kuwait.

The Associated Press contributed to this report.

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