Iraq: When Justice Fails

Part of my quest to safeguard human rights while living under one of the most ruthless regimes in Iraq, the Hussein regime 1979-2003, was to specialize in International Law after losing hope in Iraqi laws and their wide adherence to capital punishment, torture, rape, and abuse both De Facto and De Jure.?

In the midst of the constant fear that engulfed the county when the regime’s iron fist choked any hope of seeing justice served, I was able to breathe a bit when I studied the arguments made in front of the Nuremberg and Tokyo Tribunals to prosecute war criminals for crimes against humanity and peace. Following orders, mere denial, or nationalism did not trump human rights. Humanity triumphed, allowing German and Japanese people to emerge stronger and build their democracy. These tribunals were the only hope I had as a young scholar.?

Following the fall of the Hussein regime in 2003, I was hoping to see Baghdad Tribunals as the cornerstone to building a true and everlasting democracy.? But my hopes were crushed again because no tribunals took place, despite the well-documented cases against the regime. Despite their dissent with the decision to wage war against Iraq, the United Nations, Human Rights Watch, Amnesty International, and European Union agree that the Hussein regime committed crimes against humanity, and they continue to be outspoken about it. But that is where they stop, and sometimes they even fail to pay the victims lip services.?

The Hussein regime committed more than two genocides, including:?

1. The infamous al-Anfal military campaign from 1986 to 1989, in which at least 182,000 innocent civilians were killed, raped, or buried alive.?
2. Gassing more than 5,000 civilians in Halabja and wounding more than 10,000 in 1988.?
3. Over 200,000 Marsh Arabs, indigenous people, were gassed and or attacked with heavy artillery in 1991, and their environment was completely destroyed.?
4. More than 300,000 Faili Kurds were deported from their own country, leaving them on the borders with nothing but the clothes they were wearing, and their properties were confiscated by the regime.
5. Countless Iraqis were kidnapped by the regime and tortured to death.?

Unlike Hitler, Saddam Hussein didn’t kill himself and was arrested, along with the rest of his regime. Oddly, Saddam faced a trial, not for any of his crimes against humanity, but for a failed attempt to assassinate him or Al-Dujail Trial featuring heated quarrels rather than legal arguments. While the failed attempt resulted in the killing of more than 148 innocent people who weren’t involved in the attempt, the party that led the attempt is equally culpable, knowing well enough that the regime would retaliate against them whether the attempt failed or succeeded. Risking innocent people’s lives to get to power could never be the answer.?

The international legal community didn’t even bother to call for a tribunal to account for the crimes they took the time to document and condemn. I guess when it comes to Third World countries, human lives come third, not first.