Tuesday, February 11, 2020
Death Sentence of Saddam Hussein Case Study Example | Topics and Well Written Essays - 1500 words
Death Sentence of Saddam Hussein - Case Study Example Against the nature of the trial. Most seem to agree that the trial was hugely unfair to Hussein, the judges were under pressure to reach a guilty verdict; the defense (Or at least that part of it that was not killed before the end of the trial) was not given all of the facts, and the death sentence was speedily carried out without adequate time for appeal. While issues such as the death penalty are clearly procedural, the allegation that the verdict was pre-arranged, and no adequate proof of Saddam's guilt was provided, fall into the category of Substantive law. The defendants were charged with committing "Murder, torture, forced displacement, and unlawful imprisonment" (Human Rights Watch, 2006). However, because the charges were so vague (Ibid) some feel that Saddam was instead, convicted of Crimes against Humanity "An offence against international Law for which Iraqi law stipulates no penalty" (Kadri, 2007). Those picked to hear the case were Kurds and Shiites, effectively excluding those of Hussein's own ethnic group. A judge was appointed with a 'conflict of interest', as he came from Halabja (mathaba, 2006) International human rights activists are concerned that the trial of Hussein over Dujail prevented Saddam's other victims from presenting their cases. Not only were these cases more provable, but the United States and the United Kingdom were intimately involved in these crimes. International Law There are two essential pieces of International Law which have been violated by the trial and death Sentence of Saddam Hussein: The Universal Declaration of Human Rights (UDHR) The right of everyone to competent tribunals (Article 8) The right of everyone to a fair and public hearing by an independent and impartial tribunal (Article 10) The right of eve
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