Opinion Forum

Anyone could notice the irony that the US flag was flying at half-mast on the day Saddam was executed!

These are not my words. These are the words of millions who live with the virtue of the rights. Probably all of us, but at least not Saddam Hussein after the Iraq upheld the decision to execute Saddam on killing of 148 shias in Dujail. The dawn of last day of 2006 gave a well-watched, well covered contentious issue, an issue which will be alive for many years to come.

What is clear from the paradigm in international mass reaction is that no one can disprove the allegation against Saddam and no can justify his execution. Saddam’s crimes can not be refused and the American hegemony can not be overlooked.

From the beginning of sanctions following the 1990 Gulf War, Iraqi people were made to suffer from grave humanitarian crisis. Invasion and attack on Iraq stained the region and history. Both Saddam Regime and the post Gulf War situation made the Iraqis’ human rights alien in many ways. Post Iraq War violence was unprecedented and unpredictable. The escalating violence made the people to scream for life and to see tyrant Saddam ousted. The American neocons cashed in. This propagated vicious cycle of violence. There are more suicide bombers now in Iraq than the Fiyadins during the 2003 war. Media reports say over three quarters of a million Iraqi children are dead because of the sanctions. Now an estimated over six hundred thousand Iraqis are dead in the violence following the invasion of Iraq.

Violence begets violence
The US with its few allies went in Iraq with a claim that Iraq had weapons of mass destruction, despite the report by UN Arms inspector Hans Blix opposite to US claim. The US forces could not find any WMD.

The US and its allies imposed a great chaos in the Middle East with the invasion. The comment of Russian Foreign Ministry spokesman Mikhail Kamynin seems relevant who said, “The country is being plunged into violence and is essentially on the edge of large-scale civil conflict. The execution of Saddam Hussein may lead to the further aggravation of the military-political atmosphere and an increase in ethnic and religious tension.”

Flawed Judicial Procedures
Fair trail and impartial judiciary were the main concern for Saddam. The trial and execution looked like being carried out by some form of militia rather than the legitimate government of Iraq. In the state of Transitional Judiciary when a foreign occupation and influence were still strongly felt, the court might have become relay centre to the White House.

Human Rights Watch and other human rights organizations had condemned the trial procedures citing some flaws in the judicial procedures. HRW in its report outlined that “the Iraqi High Tribunal was undermined from the outset by Iraqi government actions that threatened the independence and perceived impartiality of the court. It outlined serious flaws in the trial, including failures to disclose key evidence to the defense, violations of the defendants’ right to question prosecution witnesses, and the presiding judge’s demonstrations of bias”.

Hussein’s defense lawyers had 30 days to file an appeal from the November 5 verdict. However, the trial judgment was only made available to them on November 22, leaving just two weeks to respond. The Appeals Chamber announced its confirmation of the verdict and the death sentence on December 26.

“Imposing the death penalty, which is indefensible in any case, is especially wrong after the unfair proceedings of the Dujail trial.” expressed Richard Dicker, director of the International Justice Program for HRW.

Religious Issue
He was not to be killed, and certainly not on the day chosen. It was the time millions of pilgrims were praying in Makka for peace and longevity of Islam followers. The Koran, the gem of Islamic Doctrine clearly mentions that there should not be single drop of human blood spilled in this holy day. It is within the domain of predictability that this move will be counter productive to US. Hanging Saddam Hussein will not end the sectarian violence already unfolding in Iraq and suspicion among Arab peoples for Westerners.

Media Coverage
Watching the clips of Saddam execution was exactly like disgusting execution videos of western hostages aired in Arab and world media. Footages of Saddam’s execution should not have been shown on TV and online to make it an exclusive show. It is a message of threats to all those Sunnis in the region from Shiites dominated regime. Since Saddam was captured on December 13, 2003 from Spider Hole, western media has been constantly explaining the brutality of Saddam. Media have been depicting the violence as action packed scenes carried out by retaliatory Saddam loyalists. But, it could not frame the Anti-American sentiments that made the region so volatile. Most of the omnipresent global mass media has been maneuvered by the US’s brain to legitimize the trail and the execution.

HUMAN RIGHTS
Why was Saddam not tried in Hague for genocide like other leaders? Because, then he could not have received a death sentence. The hanging of Saddam was pointless because he did not have time enough to realize his barbaric actions. Putting him behind the bars would have been better way to make him repent his past deeds.

Capital punishment is against the Global human rights instrument ICCPR. Some the US allies occupying the Iraq are against the capital punishment. Troops from the Britain could not abide by their own country’s law. Impunity would have ended in much humane way if Saddam was made to suffer for past deeds. But it could not happen in the US-powered Iraqi democracy. The trial has raised questions about the elected Iraqi government’s commitment towards human rights because “The test of a government’s commitment to human rights is measured by the way it treats its worst offenders. History will judge these actions harshly.” Dicker said.

TELEOLOGICAL RATIONALIZATION:
Two wrongs don’t make a right! Both in the act of Saddam and of the US, the offence were the inflicted death. This gives a message- kill your enemy who tries to kill you. Pragmatically, cause of Invasion, war, trial and the execution of Saddam do not fit any model that yields peace and guarantees human rights.

Do killing of Saddam has any positive and instant effect on peace in Iraq? No one is certain. Death penalty effectively says there is no room for change and repentance. The freedom from life is exemption from punishment. This is the core factor which helps to uphold impunity.

DOUBLE STANDARD AMERICAN POLICY
Saddam was hanged just for an incident that occurred in 1982, when he was a US ally. He is also accused of gassing the Kurds wiping out village after village. Incidentally, the CIA had provided him with the gas in 1983. Gassing civilians is a crime against humanity and hanging the criminal is against the humanity too. The user and supplier, any of them who have anything to do with lethal gas are guilty of human rights violation. Why America did not notice the killings in the 80s? Do US security think tanks have any idea of counter productive steps, surely to be taken by retaliating groups, world wide?

The message to the world from the sequence of event is clear that friends of America will be treated as Saddam was. He was used and then removed by big power.

The prosecutors of Dujail case could make the simplest effort to investigate the Kurd’s killings. Saddam should have been interviewed by media about whence he got his chemical weapons. US President Bush can not escape by saying “Bringing [him] to justice will not end the violence in Iraq, but it is an important milestone on Iraq’s course to becoming a democracy that can govern, sustain, and defend itself and be an ally in the war against terror”.

US pride and exemplary democracy prevail in the US Constitution. But they know what they mean by Saddam execution. For this reason many American sees US flag is half mast on the day of execution.

Conclusively, let us intensify the movement on universal abolition of capital punishment.

Bhuwan Adhikari ,INSEC , Eastern Regional Office