THE EDITOR, Sir:
ON DECEMBER 14, 2003 the world was told that the former Iraqi President Saddam Hussein was captured by the coalition. 'A great day for the Iraqi people.' The question is how will he be tried for his alleged crimes. The argument is being thrown around that he will be tried in Iraq, under the authority of the coalition-sponsored Governing Council.
Undoubtedly the Council members and those constituting the judicial arm are not a part of the Baathist Party, nor compassionate to such, for if otherwise was the case they would not be a part of the reform of the Iraqi state. It is therefore simple and logical to conclude that the possibility of Mr. Hussein receiving a fair trial is very remote, should he be tried in this Iraqi tribunal.
How to try Mr. Hussein is not a simple matter for he can be charged for war crimes, genocide and crimes against humanity. As to which charges will take precedence to ensure that Mr. Hussein receives a fair trial, his right under international law, will be quite difficult to ascertain. The gas attacks on the Kurds constitute genocide while the Iran-Iraq war and the invasion of Kuwait constitutes war crimes. It is quite possible that there will be a bit of political tussle to determine what happens to him.
Mr. Hussein's capture was presented to the world with a taste of his own medicine: violation of human rights. As it is expressly stated in the Geneva Convention, a prisoner of war ought not to be paraded for the world to see, simply put. Yet, Mr. Hussein was not only shown but a military medical personnel was inspecting him as well, so much for the good ole' human rights.
The now ousted and imprisoned leader has become a very potent threat to international justice and the reputation of the pioneer of the free world, the United States of America.
I am, etc.,
PRINCE NETO WAITE
princeneto.waite@uwimona.edu.jm
Kingston
Via Go-Jamaica
