Iraqi judges deserve support
World cannot turn backs on special tribunal trying Saddam for horrific crimes, says lawyer Mark Vlasic
With the scheduled start of the trial in Iraq today of Saddam Hussein, the first war- crimes trial of a head of state in the Middle East, many are casting a critical eye on the newly established Iraqi Special Tribunal for Crimes Against Humanity ( IST). One would hope that armchair critics would step forward to assist in what will be a major advance in Iraqi justice and the continuing evolution of international humanitarian law. The IST was established as part of the Iraqi criminal justice sector. Its purpose: Bring to trial Saddam and others who are accused of genocide, crimes against humanity and other serious transgressions in Iraq. The domestic prosecution of Saddam and others, however, runs counter to the hopes of many in the world’s internationally minded academic elite. They would have preferred Saddam be prosecuted at an international tribunal, staffed with international lawyers and judges, such as the Yugoslav and Rwandan war crimes tribunals, or a mixed international- domestic court such as the Special Court for Sierra Leone. Many also see a need for United Nations participation, which the tribunal currently does not have, to legitimatize the IST.
Despite the good intentions of those in favour of an international court, it seems that the Iraqis want to do it themselves. We should respect their wish, applaud their desire to see justice done and assist where we can.
Sadly, very few in the international community have offered support. This is despite provisions in the IST statute that permit the world community and the U. N. to assist with legal advice and to monitor dueaction, process standards. Underscoring the need for help: IST judges are the subject of death threats and are being targeted for assassination.
Earlier this year, an IST judge and his son were gunned down in front of their home.
Like many in the world, I might not have paid too much attention to the double murder, but I was with a group of IST judges at an International Bar Association- run training course when I learned the news.
It was a shock to all of us. Faced with the knowledge that one of their brethren was murdered for no other reason than his service to the IST, one might think that the assassination would cause some reluctance to continue, perhaps provide IST judges an excuse to leave their dangerous post. It did not. The day after the murders, the judges arrived early to the training session. Before we could start, one of the judges stood, and in a few solemn words, recognized their collective loss. He spoke of duty, sacrifice and the nobility of their cause: the quest for justice. The judges’ collective re- and their sense of mission and optimism, gave me immense hope for the future of the tribunal and Iraq as a whole. Now, as Iraqis prepare for one of the early tests of a society based upon the rule of law, the United States, Britain and Australia are supportive. The International Bar Association is helping, too, but beyond that, there are few takers. Even the U. N. is reluctant to lift a finger. How is this possible? Much of the reluctance is based on the Iraqi decision to reinstate the death penalty, suspended by American authorities during the transition to an Iraqi- run government.
Yet this is no reason to sit back and watch a court in need. It is an insult to the 300,000 dead in 300 mass graves throughout Iraq. It is also an insult to those who are trying to bring justice to the dead and the ones who have already died in the process. Even for opponents of the death penalty, there are ways to help. They can bypass the office of the prosecutor and focus their assistance to the IST’s trial and appeals judges, the court administration and defence counsel units.
Ideally, every IST employee should have the benefit of the world’s collective experience in redressing war crimes. This would include specialized training by U. N. war- crimes experts, who are forbidden by Secretary- General Kofi Annan from offering assistance. The IST, no doubt, faces numerous challenges, but gathering international support should not be among them. If the international community truly values the rule of law, this is one chance to
prove it.