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Enemy of the State: The Trial and Execution of Saddam Hussein, by Michael A. Newton, Michael P. Scharf

Download PDF Enemy of the State: The Trial and Execution of Saddam Hussein, by Michael A. Newton, Michael P. Scharf
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At 12:21 p.m., on October 19, 2005, Saddam Hussein was escorted into the Courtroom of the Iraqi High Tribunal in Baghdad for one of the most important and chaotic trials in history. For a year, two American law professors had led an elite team of experts who prepared the judges and prosecutors for “the mother of all trials.” Michael Scharf, a former State Department official who helped create the Yugoslavia Tribunal in 1993, and Michael Newton, then a professor at West Point, would confront such issues as whether the death penalty should apply, how to run a fair trial when political and military passions run so high, and which of Saddam’s many crimes should be prosecuted.
Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.
- Sales Rank: #1883553 in Books
- Published on: 2008-09-16
- Released on: 2008-09-16
- Original language: English
- Number of items: 1
- Dimensions: 9.50" h x 1.20" w x 6.46" l, 1.55 pounds
- Binding: Hardcover
- 320 pages
From Publishers Weekly
Law professors Newton and Scharf recount their involvement in the trial of Saddam Hussein, from the Iraqis' iconic removal of the statue of Saddam Hussein in Firdus Square in April 2003 to the deposed leader's chaotic hanging. Newton and Scharf helped write the rules of the Iraqi High Tribunal for the trial, giving them an insiders' view of the case. They candidly summarize the difficulties posed to courts and lawyers intent on bringing Hussein's crimes to light and exposing him to fair and unbiased judgment. Most illuminating is the day-by-day recounting of the tensest period of the trial, in a chapter aptly titled Disorder in the Courtroom. They admit that the trial was both revolutionary in its aspiration and at times rudimentary in its applications. Readers interested in the future of global jurisprudence will find much to ponder in this frank and detailed account. (Sept.)
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
From School Library Journal
Newton and Scharf are noted experts on international war crimes and former advisers to the U.S. Department of State. They provided judicial assistance to the trial of Saddam Hussein and other Ba'athists, including training of judicial personnel, writing rules for the Iraqi Tribunal, and observing the nine-month trial proceedings. Here, they write of their experiences and provide perspective on the trial, which began in October 2005, including gavel-to-gavel coverage of the proceedings. The Iraqi High Tribunal was a newly formed court, and its base of authority was a complex mixture of Iraqi law, international law, and trial law. The authors examine how this tribunal sought to develop its credibility with the Iraqi people, a task complicated by the defense team's efforts to delegitimize the legal process at almost every stage. They also often effectively draw analogies between this trial and trials before the International Military Tribunal in Nuremberg after World War II. Their insiders' account is directed toward general adult audiences and will effectively aid them in understanding this crucial phase as Iraq struggles toward its future. Recommended for major public and university libraries.—Steven Puro, St. Louis Univ.
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
From Booklist
*Starred Review* The trial of Saddam Hussein will likely be remembered as “one of the messiest” in legal history, according to Newton and Scharf, American legal scholars who helped write the rules of the Iraqi High Tribunal. After highlighting Iraq’s long and esteemed history of recognizing the rule of law, Newton and Scharf detail the internal and international tensions that pushed and pulled the process of restoring the justice system after the fall of the Ba’athist regime. The trial focused on the complete destruction of the town of Dujail after an alleged assassination attempt on Saddam. Newton and Scharf set the stage of the legal drama: Saddam, confident—even arrogant—carrying a Qur’an to court each day; the chief prosecutor, who achieved rock-star status with the public; and a no-nonsense judge. They go on to detail Saddam’s outbursts, hunger strikes, boycotts, and walkouts, forcing the judge to choose between letting Saddam rant and challenge the legitimacy of the court or restraining him and risking accusations that the court was a sham. Making comparisons to Nuremberg and other trials of infamous regimes, Newton and Scharf highlight the legal implications of the trial, including international debate on the death penalty. Although written by legal scholars, this book will have wide appeal among readers hungry for details about a hugely important trial. --Vanessa Bush
Most helpful customer reviews
2 of 4 people found the following review helpful.
Case for the trial of Saddam
By Abigail L. Rosenthal
This is a wonderfully assembled, very readable, fully informed account of the capture, trial and execution of Saddam Hussein. It brings into view the many legal organizations and dedicated individuals, from the international legal community, who pitched in to assist Iraqi jurists, and bring Iraqi law into harmony with developments in international law in the thirty years since Saddam imposed his tyranny on the people of Iraq. Features of the process with which the Western reader is unfamiliar (such as the great store many leading Iraqis set on the reimposition of a legal framework for acts of state, the courage with which many Iraqi judges had continued to function during the Saddam regime, the achievements and mistakes of the trial, and the difficulties that beset war crimes trials in general. The authors participated in the advisory process and tell their story with authority and dramatic empathy.
3 of 5 people found the following review helpful.
Saddam's Last Chapter
By James D. Crabtree
Following Saddam's capture he faced justice... not at the hands of the United States or the Coalition but before an Iraqi court.
Unsurprisingly, the media at the time failed to report pertinent points regarding the 2005/2006 Dujail incident. The image presented by the media was one of a cortroom out of control, but the real story was about the attempts by defense attorneys (like the Anti-American Ramsey Clark) to question the legitimacy of the court, rather than face the charges. As the authors point out in this book, The process that led to the creation of the high court was a reasoned one and everything was done to make it as fair for Saddam as possible, despite the near-universal hatred for him in Iraq.
If you really want to know about the trial of Saddam Hussein and to understand the authority and the law which condemned him. Parts of it are not easy to follow if you aren't a law student but the information is there for you to go through.
5 of 7 people found the following review helpful.
Insights into the Trial and Execution of Saddam Hussein
By Alan L. Chase
Like most Americans, my awareness was murky, at best, of the chain of events that transpired between the time that Saddam Hussein was disinterred from his "spider hole" to his ignominious execution by hanging. I was vaguely aware that there had been a much-publicized trial that was marred by outbursts from Hussein and his co-defendants. I recall comments by the media that the court was either a puppet of the U.S. occupation force or a "kangaroo court" cobbled together as a fig leaf to cover raw revenge on the part of the dictator's Iraqi enemies and victims.
Michael A. Newton and Michael P. Scharf have provided an important service in setting the record straight - not only about the trial of Saddam Hussein, but of the steps that led to the establishment of the tribunal that sat in judgment of him. Both authors work behind the scenes in advising those who set up the Iraqi High Tribunal and guiding the intricate blending together of Iraqi domestic law and international law that governed the trial. Theirs is a straight-forward and illuminating peek inside the proverbial tent that housed the trial and execution of the Iraqi despot.
It became clear to me in reading the authors' account of the last months of Saddam Hussein's life, that his trial was not the three-ring circus and rush to judgment that some of the global media have portrayed it to be. Neither was it the flawless exercise of judicial probity and restraint that the new Iraq government and their supporters hoped it could be. The messy truth of how it played itself out is a compelling story and important historical footnote.
Despite the best efforts of U.N. Secretary General, Kofi Annan, to withhold support and counsel to the Iraqi jurists, there were some recognized experts in international law who made themselves available to the Iraqi judges, who under Saddam's regime had been kept hermetically sealed off from developments in the field of jurisprudence outside of Iraq. There was a need for them to be given a quick remedial course in how to apply international law and judicial practice to the trial of Saddam.
"They knew that they were unprepared for the rigors that lay ahead. Saddam had prevented Iraqi lawyers from traveling abroad to learn the detailed provisions of modern international criminal law. Iraqis were often embarrassed that the regime had kept them from staying abreast of the latest developments of the integrated body of law that had developed since the end of the Gulf War in 1991. The trainers in London were notable experts in the complex body of international law that would need to be used by the Iraqis.
The judges were attentive both in large groups and in the small working groups. This week of training was followed by a mock trial held at Stratford-upon-Avon, as well as more training at the International Institute fro Higher Studies in Criminal Sciences in Siracusa, Italy. The tribunal investigators had a special training session dedicated to their unique needs held in Bornemouth, England. The director of the RCLO [Regime Crimes Liaison Office] at the time, Greg Kehoe, helped to arrange and fund these training events. Kehoe, an American, is a booming man with an imposing presence. He believed that the Iraqis could deliver a fair and independent trial. `The whole process is very important for reestablishing the rule of law in Iraq,' he would say. `The trials not only have to be fair, but also have to be seen to be fair. A rush to judgment would do nothing to restore the Iraqis' faith in the rule of law.' These aspirations would be put to the test in the Baghdad courtroom almost exactly two years later." (Page 73)
It became clear to me in reading the account of what happened during the trial that despite the best efforts on the part of the judges and their cohort of international advisors, there were times when the decorum of the courtroom devolved into slapstick comedy and farce. Saddam, taking a page from the trial of Slobodan Milosevic, frequently used the trial as a platform for long rants and dramatic diversions. Milosevic had been allowed to represent himself in his trial, thereby giving him unlimited opportunities to address the court. Saddam was not allowed to represent himself, but under Iraqi law, a defendant is able to address and question witnesses after their testimony and cross-examination has been completed. This loophole is one that Saddam employed throughout the trial to create the very circus atmosphere the judges had hoped to avoid.
The authors spent a considerable amount of time comparing and contrasting the trial of Saddam with the infamous Nuremberg trials that brought to justice leaders of the Third Reich. In this excerpt, they discuss the relationship between Saddam's trial and execution and the trial and death by suicide of Hermann Goring:
"Incredibly, the flickering images managed to lend an eerie air of dignity to the death of one of the cruelest and most calculating tyrants of his era. Saddam was a cold-blooded murderer whose narcissism dominated a nation. There is no question that the conduct of the executions will always cloud the historic perception fo the fairness and legitimacy on the Iraqi High Tribunal. But the abysmally implemented execution cannot overshadow the Iraqi-led process that riveted the region for over a year. Nuremberg is not judged today based on Goring's success at frustrating Robert Jackson's cross-examination or cheating the hangman." (Pages 214-215)
In drawing a final parallel between Nuremberg and the trial of Saddam for the atrocities committed at Dujail, the authors sound a note of caution about we must - in a post-9/11 world - conduct the war against terror in a way that is consistent with the rule of law:
"In thinking about these questions, it may be helpful to consider the seminal passage form the classic film, in which the judge played by Spencer Tracy delivers the tribunal's judgment: `This trial has shown that under a national crisis, ordinary, even able and extraordinary men can delude themselves into the commission of crimes against humanity. How easily it can happen. There are those in our country too that today speak of the protection of country, of survival. A decision must be made in the life of every nation, at the very moment when the grasp of the enemy is at its throat; then it seems that the only way to survive is to use the means of the enemy, to rest survival on what is expedient, to look the other way. Only the answer to that is - survival as what? A country isn't a rock; it's not an extension of one's self. It's what it stands for. It's what it stands for when it standing for something is the most difficult.'
As these stirring words suggest, the legal issues at the core of both the Alstoetter trial and the Dujail trial is relevant to the United States and its allies, which today find themselves in a `war on terrorism.' Where is the line to be drawn between those actions that can be justified by the necessities of such a war and those that are criminal? This may be the most important legal question of our generation." (Pages 215-216)
By pointing out the very practical ramifications of the decisions that will need to continue to be made - in Iraq and at home in the U.S. - to combat ongoing threats of terrorism, the authors added a much-needed cautionary voice. This book is a worthwhile read for anyone who is willing to wrestle with the complexities of what it has meant and continues to mean for the U.S. to involve itself with regime change in Iraq.
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