Ramsey Clark: The US “Demonized” Saddam
As a founder of International ANSWER, Ramsey Clark’s America-hating credentials are in impeccable order; here, in the Los Angeles Times, he says the United States has “demonized” Saddam Hussein because President Bush “hates” him: Why I’m Willing to Defend Hussein.
That Hussein and other former Iraqi officials must have lawyers of their choice to assist them in defending against the criminal charges brought against them ought to be self-evident among a people committed to truth, justice and the rule of law.
Both international law and the Constitution of the United States guarantee the right to effective legal representation to any person accused of a crime. This is especially important in a highly politicized situation, where truth and justice can become even harder to achieve. That’s certainly the situation today in Iraq. The war has caused the deaths of tens of thousands of Iraqis and the widespread destruction of civilian properties essential to life. President Bush, who initiated and oversees the war, has manifested his hatred for Hussein, publicly proclaiming that the death penalty would be appropriate.
The United States, and the Bush administration in particular, engineered the demonization of Hussein, and it has a clear political interest in his conviction. Obviously, a fair trial of Hussein will be difficult to ensure — and critically important to the future of democracy in Iraq. This trial will write history, affect the course of violence around the world and have an impact on hopes for reconciliation within Iraq.
Hussein has been held illegally for more than a year without once meeting a family member, friend or lawyer of his choice. Though the world has seen him time and again on television — disheveled, apparently disoriented with someone prying deep into his mouth and later alone before some unseen judge — he has been cut off from all communications with the outside world and surrounded by the same U.S. military that mistreated prisoners at Abu Ghraib and Guantanamo. …
International law requires that every criminal court be competent, independent and impartial. The Iraqi Special Tribunal lacks all of these essential qualities. It was illegitimate in its conception — the creation of an illegal occupying power that demonized Saddam Hussein and destroyed the government it now intends to condemn by law.
The United States has already destroyed any hope of legitimacy, fairness or even decency by its treatment and isolation of the former president and its creation of the Iraqi Special Tribunal to try him.
The man is dangerously deranged, and has become an enemy of his own country. Here we get a glimpse of the kind of defense he intends to mount; he’s going to try to put America on trial:
The concept, personnel, funding and functions of the court were chosen and are still controlled by the United States, dependent on its will and partial to its wishes. Reform is impossible. Proceedings before the Iraqi Special Tribunal would corrupt justice both in fact and in appearance and create more hatred and rage in Iraq against the American occupation. Only another court — one that is actually competent, independent and impartial — can lawfully sit in judgment.
In a trial of Hussein and other former Iraqi officials, affirmative measures must be taken to prevent prejudice from affecting the conduct of the case and the final judgment of the court. This will be a major challenge. But nothing less is acceptable.
Finally, any court that considers criminal charges against Saddam Hussein must have the power and the mandate to consider charges against leaders and military personnel of the U.S., Britain and the other nations that participated in the aggression against Iraq, if equal justice under law is to have meaning.