clarity
clarity
P  R  E  S  S,   I  N  C  .

THE TRIAL OF
SADDAM HUSSEIN
by
Dr. Abdul-Haq Al-Ani

Price: $21.95
ISBN: 978-0-932863-58-4 || 2008 || 421 pages








see below for

REVIEWS   SYNOPSIS    AUTHOR  TABLE OF
CONTENTS    

    SYNOPSIS

    The trial of Saddam Hussein marks the first time since the UN was created that a head of state has been put on trial by
    an invading, occupying power. This book seeks to draw public attention to the threat this precedent poses to developing
    nations worldwide, and to its distortive influence on the further evolution of international law.

    Al-Ani documents the trail of illegalities marking the destruction of Iraq at the hands of the US and UK, from the
    genocidal sanctions of the 1990s, the US State Department pre-invasion planning that commenced in 2001, and the
    2003 invasion, to the setting up and proceedings of the tribunal that swiftly dispatched Saddam Hussein.

    While the Tribunal was intended to promote the image of a triumphant Iraqi democracy, the US was actually in control of
    all stages of the trial. It drafted the Tribunal’s Statute; determined the trial venue and what charges would be brought;
    researched, compiled, stored, and prevented access to evidence and documentation;  selected and trained the judges,
    and micro-managed the proceedings.  

    The trial itself was so farcical as to provoke international condemnation. International human rights groups, including
    Amnesty International and Human Rights Watch, as well as UN bodies such as the Working Group on Arbitrary
    Detention and the High Commissioner for Human Rights, have stated that the Iraqi Special Tribunal and its legal
    process does not meet international standards for a fair trial.

    The behavior of the United States and its allies sets an ugly precedent for its  intervention in other targeted states.   This
    detailed examination reveals how the ‘New World’ is in fact being ‘ordered’.  It presents a terrifying prospect of ruthless
    dictatorship, deprivation of independence, and removal of the human right to justice.  It lays bare the level of deception,
    hypocrisy, and flagrant flouting of even its own laws to which the U.S. was willing to resort  in order to achieve its
    objective:  the subjugation of a sovereign nation.

    REVIEWS

    "For those who like to know both sides of any story, Abdul Haq al-Ani's book is a worthwhile if heavy-going read....The
    author shows, in great detail, and with convincing supporting evidence, that while the Tribunal was intended to promote
    the image of a triumphant Iraq democracy, the Americans were actually in control of all stages of Saddam's trial...For
    Bush, Blair and those who let loose war, Abdul Haq al-Ani's book is uncomfortable reading."
    Reviewed by Tam Dalyell, former Senior Member of Parliament, Labour Party, United Kingdom in The Oldie, January,
    2009.

    "fascinating reading. One need not agree with, or even follow, each and every one of his assertions to find his book a
    penetrating analysis of Iraq’s place in the world and of the Saddam Hussein trial in particular."
    Reviewed by John Quigley, Professor of international law and human rights law, Ohio State University in
    Synthesis/Regeneration: A Magazine of Green Social Thought, Winter 2009.

    "[F]or the real story of the ‘criminal behavior of the United States, its foreign lobbyists and its partisans in this historic
    trial’, knowledgeable readers will always turn to Al-Ani’s immensely sobering exposé."
    Reviewed by David MacGregor, Professor of Sociology, King’s University College, University of Western Ontario, in
    Lobster 56.

    "even though the book profoundly, cogently, and ­ on its face ­ irrefutably exposes the injustice of the trial of Iraqi
    President Saddam Hussein and his co-defendants, it exposes much, much more... The Trial of Saddam Hussein is
    densely packed with legal arguments (though eminently readable and comprehensible) and fastidious conclusions,
    and a simple book review cannot do justice... "
    Kim Petersen, Dissident Voice, December 17, 2008.

    THE AUTHOR

    Dr. Abdul-Haq al-Ani is an Iraqi-born, British-trained barrister who served as  legal adviser on Saddam Hussein’s
    defense to his daughter, Raghad Saddam Hussein. Called to the Bar in 1996, he also holds a Ph.D. in Electrical
    Engineering and a Diploma in International Studies from the University of London. Founding editor of The Arab Review,
    he has written widely on culture, politics and religion. He joined the Ba’ath Party while in  his teens, but left it in
    disappointment a few years later, prior to the Ba’ath Party assuming power in 1968.   

    TABLE OF CONTENTS

    PREFACE
    Baghdad College
    Joining the Ba’ath
    Genocide against Iraq
    Why Did I Get Involved?  
    How I Became Involved


    Chapter 1
    THE BA’ATH AND SADDAM HUSSEIN
    The Birth of Arab Nationalism
    The Birth of the Ba’ath
    The Significance of the Ba’ath
    The Uniqueness of Iraq in Arab-Muslim World
    The Marginalization of the Shi’a in Modern Iraq
    The Birth of Ba’ath in Iraq
    Enter Saddam Hussein
    The Ba’ath Revolution against Qassim
    Disintegration and Restructuring of the Ba’ath
    The Ba’ath 1964-1966
    The Iraqi Ba’ath, 1966-1968
    The Ba’ath, 1968-1979
    The Ba’ath, 1979-1990
    The Iraq-Iran War 1980-1988
    The Kuwait Disaster 1990-
    The Genocidal Blockade of Iraq 1991-2003

    Chapter 2
    PRE-PLANNING FOR REGIME CHANGE
    US Imperialism and Zionism
    The Iraq Liberation Act
    The Future of Iraq Project (FIP)
    Rumsfeld’s Statement after the September 11Attacks
    The Attack on Restaurant in Baghdad
    The Downing Street Memo
    Blair’s Statement to Parliament

    Chapter 3
    EUROCENTRISM, INTERNATIONAL LAW AND THE INVASION OF 2003
    The Ramifications of Eurocentrism
    Eurocentrism and International Law
    Which Law, Then?
    Shortcomings of the Security Council
    Misconceptions
    The International Criminal Court Jurisdiction
    Resolution 1483 on Iraq
    The Genocidal Blockade Contravenes Peremptory Norms
    The Crime of Aggression
    The US View of International Law
    The Security Council and the Charter
    The Illegality of the 2003 Invasion
    Could the Security Council Have Given Authority?

    Chapter 4
    THE OCCUPATION OF IRAQ DURING BREMER’S RULE
    Letter from the UK/US to the Security Council on Their
            Intentions in Occupying Iraq
    Security Council Resolution 1483
    Obligations of Occupiers under International Law
    The Hague Regulations
    The Geneva Conventions
    Security Council Resolutions Post Invasion
    The Arrival of Paul Bremer
    The CPA Institutes Systemic Change in Iraq
    The Iraq Constitution of 1970
     Regulation No. 1
    Regulations, Orders and Memoranda
     Legal and Judicial Legislation
    Political Legislation
     De-Ba’athification is a Crime Against Humanity
    Administration for the State of Iraq for the Transitional Period:  The Transitional Administrative Law ( TAL).
    Arrest and Detention of Saddam Hussein
    Breaches of Protocol I

    Chapter 5
    THE CREATION OF THE IRAQI SPECIAL TRIBUNAL
    A Dilemma:  Where to Try Saddam Hussein?
    The Future of Iraq Project and the Transitional Justice Report
    The CPA’s Crimes Against Humanity Investigations Unit
    The CPA Sets Up the Iraqi Special Tribunal
    Selection of the Tribunal’s Staff
    The Regime Crimes Liaison Office (RCLO)
    Cherry-picking the Crimes: Why Dujail?
    The Iraq-Iran War Events, 1982
    Daw’a Party Involvement

    Chapter 6
    MAKING THE TRIBUNAL “IRAQI”
    Establishing the Iraqi High Tribunal (IHT)
    The IHT Recognizes the Retroactivity Issue
    Domestic Enactment of Non-Self-Executing Treaties
    Immunity of Heads of State
    Developing the IST/IHT Statute and Rules
    To Establish Special Courts—Or Not to Establish Special Courts
    The IHT Statute:  The IST Statute in Sheep’s Clothing?
    General Failures of the Statute and Rules
    The Issues of Criminal Intent and Knowledge of the Crime
    The Elements of the Crime
    Torture, Ill-Treatment and Evidence
    Investigation Stage
    Elements of Fair Trial

    Chapter 7
    THE TRIAL
    The Offense
    The Sessions
    An Appropriate Defense Obscured and Prevented
    Analysis of the Outcome
    The Failures of the Prosecution’s Case

    Chapter 8
    THE FAILURES OF THE TRIAL   
    Official Language
    US Control
    Independence and Political Interference
    Biased and Incompetent of Judges
    The Right to a Fair Trial
    Failures in Keeping Evidentiary Records
    Failure to Provide Written Decisions

    Chapter 9
    JUDGMENT, SENTENCE, APPEAL AND EXECUTION
    Sentence
    Observations on the Tribunal’s Judgment
    Questions of Authorship
    Inaccurate and Misleading Statements
                Crimes and the Tribunal’s Jurisdiction
    Summary Refutation of the Jurisdiction of the Tribunal
    Immunity of a Head of State
    Were the Acts Criminal?
    Crimes against Humanity under Iraqi Law
    Crimes against Humanity under Customary International Law
                Crimes against Humanity under Treaty Law
     The Tribunal’s Analysis of the Case against Saddam Hussein
    Summary of Prosecution Witnesses’ Statements
    Tribunal’s Summary of Saddam Hussein’s Statement
    Summary of Defense Witnesses’ Statements
    Questions Specifically Relative to Saddam Hussein
    Evidence and Inferences Against Saddam Hussein
    Extent of Saddam Hussein’s Responsibility
    Conclusion on Tribunal Judgment
    The Appeal
    Is the Death Sentence Available under Iraqi Law?
    The Execution
    The Iraqi High Tribunal and the Evolution of International Law
    Conclusion

    CHRONOLOGY of Events in Iraq July 1958-December 2006
    (40 pages)

    APPENDIX I
    Letter to the Security Council from the Permanent Representatives
    of the UK and the US

    APPENDIX II
    Law of the Supreme Iraqi Criminal Tribunal
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