Wednesday, January 03, 2007

Saddam’s Execution: International Law is no Law

Everyone has to die one day; Saddam, too, had to, and did. There are few whose lives left a mark on those who lived after them, but fewer are the ones whose life and death were equally significant. Saddam was one such fellow. Perhaps, he did not deserve such a glorious death as he was given by those who hated him the most. He lived a king’s life in palaces that had its bathroom fitted with gold taps, and, more significantly, by dying with unflinching defiance, he also managed to embrace death like a brave king. Those who took away his thrown and his crown in life gave him the undeniable crown of martyrdom. If he were such a monster as the US would have us believe he was, he certainly did not deserve such a grand death. This, too, was the result of yet another of Mr. Bush’s expensive miscalculations. How expensive it is really going to be is still out of sight. However, what is clearly visible is the absence of any Weapons of Mass Destruction (WMDs) and the fact that Saddam had no link whatsoever with Osama or Al Quaida. The fact was known to Bush administration much before the trial even began. So, the very reasons Bush said he had to attack Iraq were found baseless. Once it was found, the right thing to do was pack the bags and get out of the country. But Bush did not do so. Why? Isn’t it so obvious? He had his agenda clearly laid out much before he actually invaded Iraq.

Today, we have every reason to suspect that Bush knew it all the while that Iraq had no WMDs, neither did it have any links with Al Quaeda or Osama. He attacked Iraq because he wanted to effect a regime change there. The reasons for such an action could be entirely political or entirely economical or a mix of the two. It appears more likely now that Bush hoodwinked the world on Iraq issue and pursued his own agenda. The attack on Iraq was illegal and so was Saddam’s trial and execution. Isn’t Bush guilty of the same war crimes that Saddam Hussein has been executed for? Quite clearly, he is. The biggest question is, who is going to put Mr. Bush on trial?

Now those professors of law who argue that International Law is ‘law’ in the real sense must either concede that it is not or should answer why, and, more importantly, how would Bush be put on trial. Well, International Law may or may not be law, but it goes without saying that it has no viable backing and a law without a stick backing it, is left wanting in one fundamental respect – legitimate coercion. Any powerful nation can take the International Law for a ride and there is no viable machinery to check it. United States’ illegitimate occupation of Iraq proves it beyond question. It is high time the world sat up, took note of the situation and did something worthwhile about it. Having said that, I do not see a glimmer of hope that this could be done in a long time to come.

Saddam Dead, US Guilty of First-Degree Murder

So, the Americans’ monster has been buried for good, and his monstrosity has been brought to a ‘just’ end. Now, the Americans can wrap themselves up in the cozy blanket of Saddam’s execution and ‘live happily ever after’. That’s how they wanted it to be, but, sadly, it’s not going to be that way. The US has persistently refused to learn from the past mistakes, and has never paid heed to what others had to say. It has had the tendency to lean on its own rather questionable wisdom despite an overwhelming load of contrary opinions. Drunk on power and ambitious to build its influence to unprecedented heights, the US pursued its unwise foreign policy to dangerous limits, and paid for it with a September 11.

Saddam’s execution is another feather in the blood-red American cap. This might not make Bush perspire, but would certainly make things uncomfortable for the US. Saddam’s execution has ensured that the future of the world’s most powerful nation is deep crimson. The dictator’s execution was entirely illegal and was in brazen contravention of the international law. The right to punish the dictator, if at all, was the prerogative of the Iraqis, and the Iraqis alone, no other authority was legally punished the fellow. And if he was to be punished by an international court, it was to be done following the procedure established by the international law. In this case, it was a sham procedure followed by an illegitimate court, whose judges were arbitrarily removed to suit the fancy of the occupants, and the verdict was a rush to a prearranged conclusion. This means that the entire process was devoid of legitimacy at all stages.

No matter how grave the dictator’s crimes, he deserved a fair trial. A fair trial is not actually in the interest of the one tried but the one who tried because if the trial is not fair, the legitimacy of the trial itself is eroded, which makes the tried a martyr and the court a monster. Fair trial, therefore, not as much a prisoner’s defence as that of the prosecutor and the court. The court that sentenced Saddam lacked legitimacy on all counts. The US, therefore, is guilty of first-degree murder.