After doing a little bit of research on how precisely saddam is being tried I've emerged with a few conflicting opinions. I would assume that most of us would, fairly reasonably, believe him to be guilty of some fairly appalling human rights violations, deserving of at least some form of penalty (no zhukov this is neither the time nor the place to point out that others are as well). While we are obviously not a court of law I'd feel fairly confident in pronouncing saddam complicit in say the
'kurdish genocide' or, obviously enough, the
invasion of Kuwait.
However the court that is trying saddam hussein is a farce. Firstly the court was established by an occupying power and, given precedent, should not be tolerated as an acceptable means of changing the legal system of a particular country. Secondly he is being tried by his own countrymen, in what sort of insane world this could possibly be considered an impartial court is beyond my imagination. Third the guilt clause is different, not "beyond a reasonable doubt" but rather "satisfied of guilt". Fourth the death penalty can be applied (it cannot be applied in the International Criminal Court). Neither the ICC nor the UN is supporting the trial. Now while I personally do not take issue with all of these points I suspect that most of us would have a problem with at least one or two aspects of the trial.
So what do I hope for from the trial? Obviously I'd like to see a proper trial against saddam for crimes against humanity to take place, but this looks fairly unlikely considering the pace with which events are moving and the lack of "important" objections against the court's legitimacy. There is absolutely no doubt in my mind that he will be found guilty (and only slightly more that he really is guilty). However I do not believe this is the way a reconstituted country should start it's new existence. We should not railroad through unjust legislation in order to quickly try someone just to demonstrate the effectiveness of both the new government and that of the occupying power(s). I would not object to extraordinary measures being taken to prevent the deaths of innocents or the dissolution of all civil authority. This is not the case. No-one will die if the time is taken to set out the legal system of Iraq properly before trying Saddam. I would hate to see all the effort and suffering involved in the liberation of Iraq get pissed away for short-term political gain.
If it is decided that the court does not have jurisidiction over saddam and he must be retried at a later date so well and good. If this is not the case and unfortunately the trial proceeds I hope his execution goes off without a hitch. He deserves no better. But the people of Iraq do.