An analysis of the capture of Saddam Hussein - Facharbeit Simon Jäger Konrad-Adenauer-Gymnasium, Meckenheim Grundkurs Englisch, Frau Bylebyl-Lipus ...
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
1
An analysis of the capture of Saddam Hussein
Facharbeit
Simon Jäger
Konrad-Adenauer-Gymnasium, Meckenheim
Grundkurs Englisch, Frau Bylebyl-Lipus
2003/20042
Table of contents:
1. Introduction………………………………………………... p. 3
2. Life of Saddam Hussein…………………………………... p. 3 - 6
2.1. Biography………………………………………………… p. 3 - 4
2.2. War in Iraq in 2003………………………………………. p. 4
2.3. The capture……………………………………………….. p. 4
2.4. Links to current American leaders……………………….. p. 5 - 6
3. Medial portrayal of the capture…………………………..p. 6
4. International reactions…………………………………….p. 6 - 7
5. Legal issues and problems surrounding the capture …... p. 7 - 12
5.1. Saddam as a sovereign ruler……………………………… p. 7
5.2. Legal background………………………………………… p. 8
5.3. Definition of a prisoner of war…………………………… p. 8
5.4. Definition of an enemy combatant……………………….. p. 8
5.5. Saddam Hussein’s status as an enemy prisoner of war...… p. 9
5.6. Treatment of Saddam Hussein in captivity………………. p. 9 - 10
5.7.1. Courts that could try Saddam Hussein ………………… p. 10
5.7.2. The Iraqi war crimes tribunal…………………………... p. 10 -11
5.7.3. A U.S. military tribunal………………………………… p. 11
5.7.4 The International Criminal Court……………………….. p. 11- 12
6. Conclusion…………………………………………………. p. 12 -14
7. Bibliography………………………………………………. p. 14 - 17
8. Erklärung…………………………………………………... p. 181.3 Introduction In this paper, I want to give an unbiased portrayal of the background and the aftermath of Saddam Hussein’s capture. The capture raised many questions, for instance where, why and by whom Saddam Hussein will be tried or what his status in captivity is. By trying to answer these questions one learns a lot about the connections between different world views and policies – especially the U.S. foreign policy–, power politics and the rules and laws of international relations. In the body paragraphs of this paper, I try to give an impartial analysis of the issues surrounding the capture of Saddam Hussein while in the concluding paragraph I portray the results of my research combined with my personal judgement based on my findings. 2. Life of Saddam Hussein 2.1. Biography1 Saddam Hussein al-Tikriti was born on April 28, 1937, and spent his childhood in the village of Al-Ouja, Iraq as the son of underprivileged farmers. He grew up under the strong influence of his uncle Khayrallah Tulfah, an Arab nationalist, who evoked young Saddam’s interest in politics. Having turned 19, Saddam Hussein joined the socialist Baath party. In 1959 he was shot in an attempt to assassinate the Iraqi Prime Minister. Two years later, when the monarchy had been overthrown, Saddam Hussein once again participated in a plot to kill the Prime Minister. When this plot unravelled he had to seek refuge in Egypt but could return to Iraq when the Baath party seized power. The Baath party’s rule was overthrown soon though and Saddam Hussein was imprisoned. In 1968, he was very active in the uprising that would eventually establish the Baath party’s power for good. During this process, he was awarded the vice president’s post by General Ahmed Hassan Bakr, who set up a totalitarian system in Iraq. As vice president, Saddam Hussein created an intelligence agency that erased all opposition in Iraq with extreme viciousness, for instance by killing dissidents and their families. In 1979, he gained complete power as a dictator, calling himself the President of the Republic of Iraq and the Chairman of the Revolutionary Command Council. He crushed every uprising against him with tremendous cruelty and did not allow any democratic movement. In 1980, he had his armies invade Iran which launched an eight- year war in which over one million people died. When the Kurds started a rebellion in 1 Based on Saddam Hussein, www.abcnews.go.com and on Specials: Saddam Hussein, www.iraqinews.com .
4 northern Iraq in 1988, he instructed his army to use chemical weapons on them, which resulted in the painful deaths of tens of thousands of Kurds. In 1991, Saddam Hussein claimed the sheikdom of Kuwait as an Iraqi province and invaded the small country but was defeated by an international coalition. Although this was a setback for Saddam Hussein, he could preserve his dictatorial powers, for example by increasing the influence of his secret police force. 2.2. War in Iraq in 2003 After the first Gulf War, the United Nations restricted Iraq’s weapons programs prohibiting the possession of weapons of mass destruction. The U.S. government claimed in 2002 that Saddam Hussein was in possession of these particular weapons and posed a threat to American security. Additionally, the Bush administration made the claim of wanting to liberate the Iraqi people. These two reasons were the decisive factors for the “Operation Iraqi Freedom” – the war on Iraq resulting in the end of dictatorship and the capture of Saddam Hussein. The war began on March 20, 2003, when a U.S.-led coalition invaded Iraq without having the permission of the United Nations Security Council; the end of major combat was announced by President Bush on May 1, 20032. 2.3. The capture However, it was not until December 13, 2003, that U.S. forces captured former dictator Saddam Hussein in a raid in Adwar (city close to Tikrit): undisclosed intelligence prompted U.S. authorities to send 600 soldiers to conduct a raid of a farming area close to the Tigris river. “Troops converged on a two-room mud hut squatting between two farmhouses with sheep penned nearby”3. “[…] [A] Styrofoam plug closed Saddam's subterranean hideaway. Dirt and a rug covered the entryway to the hole […]”4. Saddam Hussein then surrendered and was brought to a secret location where he was identified and medically examined. 2 Based on President Bush Announces Major Combat Operations in Iraq Have Ended, www.whitehouse.gov . 3 Saddam 'caught like a rat' in a hole, www.cnn.com 4 Ibid.
5 2.4. Links to current American leaders In 1984, Secretary of Defense, Donald Rumsfeld, at that time President Ronald Reagan's special Middle East envoy, visited Baghdad to improve the tense relationship between the U.S.A. and Iraq5. This relationship was strained because the U.S.A. had reprimanded Iraq for using chemical weapons in the Iran-Iraq war. Rumsfeld’s behind- the-scenes task was to assure the Iraqis of U.S. support in the war. Publicly, the U.S.A. remained neutral in this war; confidentially, however, the Reagan and Bush administrations supported Iraq financially and with military supplies6. Surprisingly, also biological and chemical weapons were sold. This fact is undisputed and was brought to the attention of Congress: Senator Riegle of Michigan revealed in his 1994 report to the U.S. Senate the quantity and quality of government-approved dual-use7 exports to Iraq in the 1980’s: “Records available from the supplier for the period from 1985 until the present show that during this time, pathogenic (meaning "disease producing"), toxigenic (meaning "poisonous"), and other biological research materials were exported to Iraq pursuant to application and licensing by the U.S. Department of Commerce. Records prior to 1985 were not available, according to the supplier. These exported biological materials were not attenuated or weakened and were capable of reproduction. […] Included in the approved sales are the following biological materials (which have been considered by various nations for use in war), with their associated disease symptoms: Bacillus Anthracis: anthrax is a disease producing bacteria identified by the Department of Defense in The Conduct of the Persian Gulf War: Final Report to Congress, as being a major component in the Iraqi biological warfare program. […] Clostridium Botulinum: A bacterial source of botulinum toxin, which causes vomiting, constipation, thirst, general weakness, headache, fever, dizziness, double vision, dilation of the pupils and paralysis of the muscles involving swallowing. It is often fatal. […] In addition, several shipments of Escherichia Coli (E. Coli) and genetic materials, as well as human and bacterial DNA, were shipped directly to the Iraq Atomic Energy Commission”8. These deliveries took place although George Schultz, the Secretary of State at that time, was given “reports showing that Iraqi troops are daily using chemical weapons against the Iranians”9. Although Colin Powell, Donald Rumsfeld, Dick Cheney and other members of the current administration were part of U.S. administrations (under President Reagan and Bush I) that actively supported violent dictator Saddam Hussein 5 Based on Priest, Dana, Rumsfeld Visited Baghdad in 1984 to Reassure Iraqis, www.washingtonpost.com . 6 Ibid. 7 The term „dual-use“ refers to products that can have both a civilian and a military use. 8 Riegle, Donald, Riegle Report, chapter 1 part 2, www.gulfweb.org . 9 King, John, Arming Iraq: A Chronology of U.S. Involvement, www.iranchamber.com .
6 in his war against Iran and consented the sales of weapons of mass destruction to his regime, the possession of these particular weapons is cited as the principal reason for going to war, which can be shown by a quote by George W. Bush: “Any outlaw regime that […] seeks or possesses weapons of mass destruction is a grave danger to the civilized world -- and will be confronted”10 . 3. Medial portrayal of the capture Having read numerous British and American newspapers reporting on the capture (i.e. The Independent, The Guardian, The International Herald Tribune, The Daily Telegraph, The Detroit News, The Detroit Freepress, The New York Times and the USA Today) and having watched a variety of television networks covering this event, one learns that the coverage in English-speaking media is homogenous to a great extent. Ian Burrell –Media and Culture Correspondent for The Independent – describes this phenomenon in an article and explains that on December 15, 2003, “newspapers looked almost identical, no matter where in the world they were published”11. While in Europe and the U.S.A. headlines and commentaries were uniformly “triumphant”12 and showed a combination of “euphoria and relief”13, the “Arab media were palpably embarrassed at Saddam Hussein’s failure to go down fighting like his two sons”14. 4. International reactions A vast majority of the leaders of the nations of the world – even the ones that opposed the war – welcomed the capture of Saddam Hussein. Obviously, the leaders of the nations that were part of the coalition that fought Saddam Hussein in the war showed their tremendous delight over the capture of Saddam Hussein. Prime Minister Tony Blair stated that the capture removed “the shadow that has been hanging over [the Iraqi people]”15 while Prime Minister John Howard of Australia declared that the arrest of Saddam Hussein – whom he calls the “’chief tormentor’ of the Iraqi people”16– was a “wonderful achievement”17. The leaders of France, Germany, Russia and Indonesia 10 President Bush Announces Major Combat Operations in Iraq Have Ended, www.whitehouse.gov . 11 Burrell, Ian, The Independent, December 16, 2003, page 5 . 12 Ibid. 13 Ibid. 14 Ibid. 15 Leaders unite in cheering capture, www.cnn.com . 16 Ibid. 17 Ibid.
7 (which all opposed the war) sent their regards for the capture to President Bush. Despite the fact that the leaders of countries in the Middle East were pleased by Saddam Hussein being taken into custody, a vast majority of the citizens in their countries showed their anger and disappointment because their “hero” was taken “so easily”18. Some analysts claim that this anger might turn into even more resistance against the American occupation of Iraq. Many Arabs were in a rage because U.S. Maj. Gen. Raymond Odierno – who led the brigade that captured Saddam Hussein – claimed that the former dictator was “caught like a rat”19. The Egyptian journalist Sayyd Nassar had a different explanation for the fury of many Arabs: “By shaving his beard, a symbol of virility in Iraq and in the Arab world, the Americans committed an act that symbolises humiliation in our region”20. 5. Legal issues and problems surrounding the capture 5.1. Saddam as a sovereign ruler Saddam Hussein was Iraq’s head of state and was therefore a sovereign ruler. John Keegan – a legal analyst who teaches law at the Sandhurst Military Academy – explains that “[since] 1648, when the Treaty of Westphalia created the principle that sovereign states, and therefore their sovereign heads, are both legally and morally absolute, there has been no legal basis for proceeding against such a person, however heinous the crimes he is known to have committed”21. Napoleon (who was sent to St. Helena – the equivalent to Guantanamo Bay in those days), Kaiser Wilhelm or Hirohito are some of many examples for sovereign rulers that were not or could not be tried22. In a possible trial for Saddam, this principle might pose a problem. Saddam Hussein will more than likely be tried for his crimes, though. The attorneys in his trial will probably handle this problem by arguing that Saddam Hussein abandoned his status by possibly “engaging in activity hostile to the occupying authority”23 and by the Iraqi Governing Council24 and the Coalition Provisional Authority25 taking over power in Iraq. 18 Hunt, Terence, The Detroit News, page 4 A, December 17, 2003. 19 Saddam 'caught like a rat' in a hole, www.cnn.com . 20 Burrell, Ian, The Independent, December 16, 2003, page 5 . 21 Keegan, John, The next challenge is how to bring about a much deserved execution, www.mafhoum.com . 22 Keegan,John, Die Welt, page 7, December 17, 2003 . 23 Professor: How Saddam should be treated, www.cnn.com . 24 The Iraqi Governing Council is the provisional government of Iraq established by the U.S.-led coalition. The Council consists of various Iraqi political, religious, and tribal leaders who were appointed by the Coalition Provisional Authority25. It has to answer to the CPU; yet, there are religious hardliners on the Council who want to establish the Islamic Shari’a law code in Iraq.
8 5.2. Legal background According to Yale University international law professor Ruth Wedgewood Saddam Hussein could be considered a prisoner of war (POW), a putative defendant or an enemy combatant26. However, U.S. authorities stated he did not have habeas corpus27 in the U.S.A. although prisoners of war are subject to the laws of the detaining power. Since his status tremendously affects all further proceedings (trial, treatment, etc.), it is helpful to give a definition of what a POW or an enemy combatant is and what rights one is entitled to. 5.3. Definition of a prisoner of war A POW is a combatant “who is imprisoned by an enemy power during an armed conflict”28 and has to have acted according to the “laws and customs of war” 29 (i.e. wearing a uniform, being part of a chain of command, etc.). The Geneva Conventions set the standards POWs are treated by: prisoners of war have to be treated humanely and are given certain rights, for instance they are entitled to regular visits by the Red Cross and may not be tortured. Furthermore, they are not liable to death penalty and can only be tried by the detaining power30; in Saddam Hussein’s case the U.S.A. . That is the reason why the Iraqi Governing Council does not want Saddam Hussein to be a prisoner of war. 5.4. Definition of an enemy combatant An enemy combatant is an imprisoned person that engaged in a war but did not act according to laws and customs of war31. The rights of enemy combatants are not covered by the Geneva Convention. Thus, nations that classify imprisoned combatants as enemy combatants are often criticized by others. 25 The Coalition Provisional Authority is an organization established by the United States Government to act as a caretaker administration in Iraq until civilian rule can be established. 26 Professor: How Saddam should be treated, www.cnn.com . 27 Habeas corpus, Latin for "you should have the body", is a writ requiring the government to produce a prisoner before a court and justify his imprisonment. Its purpose is to release someone who has been arrested unlawfully. 28 Geneva Conventions, www.encyclopedia4u.com . 29 Ibid. 30 Based on Meek, James Gordon, U.S. calls Saddam an 'EPW' not POW, www.nydailynews.com, and Geneva Convention relative to the Treatment of Prisoners of War, Articles 82 and 87, www.unhcr.ch . 31 Based on Illegal Combatant, www.encyclopedia4u.com .
9 5.5. Saddam Hussein’s status as an enemy prisoner of war The U.S.A. consider Saddam Hussein neither a POW nor an enemy combatant but an EPW (enemy prisoner of war). The New York Daily quotes Michael Noone – a retired U.S. JAG Corps32 officer who teaches law at The Catholic University of America, Washington D.C. – who reveals he has “never heard the term EPW used”33 and that it is “certainly not in the Geneva Conventions”34. If Saddam Hussein was classified a POW, according to the Geneva Convention he would be “bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number”35 but U.S. authorities would not be allowed to interrogate him as the CIA currently does. The Pentagon declared that Saddam Hussein was being treated in accordance with the Geneva Conventions as a POW – although not being classified POW – but at the same time confessed that he was being interrogated by the CIA which is not legitimated by the Conventions. However, Secretary of State Rumsfeld revealed that “his status [could] be reviewed at any time”36. Since the term “EPW” is yet unknown to legal experts, it is hard to predict what consequences Saddam Hussein’s status will have for a possible trial and punishment. 5.6. Treatment of Saddam Hussein in captivity The Geneva Conventions prohibit “humiliating […] treatment”37 of prisoners of war and protect them from “public curiosity”38. Hence, the videos and pictures showing Saddam Hussein being medically examined are a source of great controversy among legal experts. Francis Boyle – a professor for international law at the University of Illinois – claimed that “the showing of the medical exam [had] clearly violated the Geneva Convention”39. Humanitarian organizations, for instance Amnesty International, admit that there is a need for showing a picture but immensely oppose the showing of a medical examination. Nicole Choveiry, Middle East spokeswoman for Amnesty International, explains: ”We didn't disagree with a picture of Saddam being 32 The Judge Advocate General’s Corps is an institution that provides the several branches of the U.S. military with legal advice, investigates crimes committed by U.S. troops and defends members of the American forces before courts martial. 33 Meek, James Gordon, U.S. calls Saddam an 'EPW' not POW, www.nydailynews.com 34 Ibid. 35 Geneva Convention relative to the Treatment of Prisoners of War, Article 17, www.unhcr.ch . 36 Saddam's Status Won't Affect Iraq's Ability to Try Him, usinfo.state.gov . 37 Geneva Convention relative to the Treatment of Prisoners of War, Article 3 § 1 c), www.unhcr.ch . 38 Ibid. Article 13. 39 Hess, Pamela, Saddam is held as enemy prisoner of war, washingtontimes.com .
10 released that proved his identity but not with those that showed him being medically examined“40. Donald Rumsfeld rejected this criticism and revealed: “[… ][If] lives can be saved by physical proof that that man is off the street, out of commission, never to return, then we opt for saving lives; and in no way can that be considered even up on the edge of the Geneva Convention protections”41. Another criticism is that Saddam Hussein is being interrogated. Interrogating a prisoner of war is not approved by the Geneva Conventions. Some critics claimed that the CIA was using sleep deprivation. The Red Cross however, could not find any proof for these claims when they visited Saddam to find out if his treatment was in accordance with the Geneva Conventions. These visits by the Red Cross are recommended in the Geneva Conventions and even critics commend the U.S.A. for permitting these visits. 5.7.1. Courts that could try Saddam Hussein The leaders of the world almost unanimously welcomed the arrest of Saddam Hussein and hope for a fair trial before an independent and impartial court. However, opinions significantly diverge on the questions of which court will try Saddam Hussein and what charges will be brought against him. More than likely he will be tried before the newly established Iraqi war crimes tribunal considering how the Bush administration vowed for having him tried in Iraq42. Nevertheless, it is possible that a U.S. military tribunal or the International Criminal Court will try him. The charges against him might include war crimes, crimes against humanity (i.e. genocide, mass murder, use of chemical weapons) and sponsorship of terrorism. The following paragraphs will describe the several courts, their legitimacy for trying Saddam Hussein and the issues that might arise during a possible trial. 5.7.2. The Iraqi war crimes tribunal The Iraqi war crimes tribunal was established by the Iraqi Governing Council43 which acts as an interim government and was installed by the Coalition Provisional Authority44. This court “will have jurisdiction over all Iraqi residents and nationals 40 Wilkinson, Peter, Amnesty: Saddam photo humiliating, www.cnn.com . 41 Hess, Pamela, Saddam is held as enemy prisoner of war, washingtontimes.com . 42 Based on Bush: U.S. will work with Iraqis to try Saddam, and Bash, Dana, Bush: Saddam 'will face justice he denied to millions', both www.cnn.com . 43 Compare to annotation 24. 44 Compare to annotation 25.
11
whose crimes fell between 1968 and 2003”45 and its “judges and prosecutors are to be
Iraqis”46. A trial before this tribunal would focus on the crimes against the Iraqi people.
It would not concentrate on war crimes and would not have jurisdiction to investigate
U.S. involvement in the Iraq-Iran war. The Iraqi war crimes tribunal will need the help
of international experts since it lacks experience because in Iraq “there have not been
prosecutions for complex crimes such as war crimes and crimes against humanity”47 .
Opponents of a trial before the Iraqi tribunal claim that in such a highly politicized
context a fair and impartial trial could not be guaranteed48. The Bush administration
supports having Saddam Hussein be tried before an Iraqi court; President Bush wants
“the citizens of Iraq”49 to decide over their oppressor’s fate and wants him to “receive
the ultimate penalty”50. More than likely, he referred to the death penalty. Only at an
Iraqi court it would be possible that Saddam Hussein could be sentenced to death.
5.7.3. A U.S. military tribunal
Judicial analyst Andrew Napolitano explains that Saddam Hussein could be tried in a
U.S. tribunal if “he led the resistance to a lawfully occupying power”51. Also, the
Geneva Conventions request that he – as a POW though – be tried before a court of the
detaining power52 – in this case the U.S.A. . At a U.S. court, the charges against him
could include sponsorship of terrorism which he is accused of by the American
government. Nevertheless, this is not likely to happen because of the U.S.
government’s vow to have him tried in Iraq. Besides, the U.S.A. probably do not want
to try him before one of their courts to avoid being accused of “victor’s justice”.
5.7.4 The International Criminal Court
According to international law, the International Criminal Court (ICC) would be in
charge of a case like Saddam Hussein’s. International courts have tried cases of war
crimes and crimes against humanity (i.e. in Yugoslavia, Rwanda, Sierra Leone). The
advantage for the international community of a trial before the ICC would be that the
claims and accusations of other nations, for instance Iran or Kuwait who were
45
Carter, Phillip, Trying Saddam: Deciding on a court and the charges, www.cnn.com .
46
Amnesty International Press Release, Only justice can serve the future of Iraq, web.amnesty.org .
47
Ibid.
48
Ibid.
49
Bush: Saddam should face death penalty, www.cnn.com .
50
Ibid.
51
Saddam Hussein to face justice, www.foxnews.com .
52
Based on Geneva Convention relative to the Treatment of Prisoners of War, Article 82,
www.unhcr.ch .12 victimized by Saddam Hussein’s regime, could be addressed53. Therefore, it could take account of the whole range of crimes committed by Saddam Hussein’s regime. However, the U.S.A. oppose a trial before the ICC54: On the one hand, at a trial before the ICC Saddam Hussein might “bring evidence of Western support for his regime before the first Gulf War, and may even try to call former heads of state like former- President George H.W. Bush to the witness stand”55. On the other hand, the U.S.A. are one of the only democratic states that do not acknowledge the ICC. The Bush administration declared that “US nationals are exempt from ICC jurisdiction over genocide, crimes against humanity and war crimes”56 and therefore does not accept the ICC as an international court. President Bush even signed into law the so-called “Hague Invasion Act” authorizing “the use of military force to liberate any American or citizen of a U.S.-allied country being held by the court, which is located in The Hague”57. Therefore, the ICC does not seem to be an alternative for the American government, although many international human rights groups tremendously favor a trial before an international court. 6. Conclusion Given all the information about the capture of Saddam Hussein, one is astonished considering how bluntly the Bush administration ignores international and internationally recognized institutions, for instance the United Nations Security Council or the International Criminal Court. Under President George Bush, American foreign policy’s only purpose seems to be the pursuit of solely American interests, certainly not idealistic goals as claimed by the current American President. Obviously, the current administration opposes a trial before an international court which – in my opinion – would be the best option of all the courts available because it would guarantee that the whole range of crimes committed by Saddam Hussein would be taken into consideration. Noam Chomsky – a recognized linguist known for his socio-critical attitude – outlines his concerns about an objective trial for Saddam Hussein: “The long, tortuous association between Saddam Hussein and the West raises questions about what issues — and embarrassments — may surface at a tribunal. In a (virtually unimaginable) fair trial for Saddam, a defense attorney could quite rightly call to the stand Colin Powell, Dick Cheney, Donald Rumsfeld, George Bush I and other high 53 Based on Carter, Phillip, Trying Saddam: Deciding on a court and the charges, www.cnn.com . 54 Ibid. 55 Ibid. 56 International Criminal Court, www.amnestyusa.org . 57 U.S.: 'Hague Invasion Act' Becomes Law, www.hrw.org
13
officials who provided significant support for the dictator, even through his worst
atrocities. A fair trial would at least accept the elementary moral principle of
universality: The accusers and the accused must be subject to the same standards. For a
truly fair trial, it's surely relevant, as an abundance of congressional and other records
show, that Washington made an unholy accommodation with Saddam during the
1980s”58.
Noam Chomsky reveals the incredibility of the Bush administration and its conviction
of going to war with Iraq in 2003. It is unintelligible why Saddam Hussein was
supported by members of the current administration (who tremendously supported the
war to overthrow him last year) when he committed his worst crimes and why those
officials changed their minds. How had Saddam Hussein become “worse” or more
dangerous than in the 1980’s? Based on my findings, I can not say that he became
“worse” or more vicious considering that the gassing of the Kurds and the Shiites and
the most destructive purges took place in the 1980’s when Iraq also possessed weapons
of mass destruction which it did not after the first Gulf War. However, I can say that
Saddam Hussein was needed by the U.S. government for the war against Iran – a nation
that threatened to endanger the world’s supply with oil. The double moral with which
the Bush administration went to war and handles the trial of Saddam Hussein reveals
that a 192-year-old quotation by the American President and author of the Declaration
of Independence, Thomas Jefferson, has a new meaning in our time:
“We believe no more in Bonaparte's fighting for the liberty of the seas, than in Great
Britain fighting for the liberties of mankind. The object of both is the same to draw to
themselves the power, the wealth and the resources of other nations”59.
Jefferson’s analysis of the situation in his days applies to the current situation because
the way the war on Iraq was justified and the way the trial of Saddam Hussein will be
conducted is typical for the Bush administration’s policy of dismantling the existent
system of world order – which is based on a broad, international consensus and neutral
institutions such as the International Criminal Court – and of trying to rule the world by
force.
58
Chomsky, Noam, Noam Chomsky's Concerns about Saddam's Trial, sf.indymedia.org .
59
The Jefferson Cyclopedia, 6714, etext.lib.virginia.edu .14
Bibliography:
Sources from the Internet:
¾ Amnesty International Press Release: Only justice can serve the future of Iraq,
Amnesty International Web site, first published on December 15, 2003,
[http://web.amnesty.org/library/index/engmde141832003 saved on February 15,
2004]
¾ Bash, Dana, Bush: Saddam 'will face justice he denied to millions', CNN Web
site, first published on December 14, 2003,
[http://www.cnn.com/2003/US/12/14/sprj.irq.bush/index.html saved on
February 15, 2004]
¾ Bush to announce end of major Iraq combat, CNN Web site, first published on
April 30, 2003,
[http://www.cnn.com/2003/WORLD/meast/04/30/sprj.irq.main/index.html
saved on February 15, 2004]
¾ Bush: Saddam should face death penalty, CNN Web site, first published on
December 17, 2003,
[http://www.cnn.com/2003/WORLD/meast/12/16/sprj.irq.main/index.html
saved on February 15, 2004]
¾ Bush: U.S. will work with Iraqis to try Saddam, CNN Web site, first published
on December 15, 2003
[http://www.cnn.com/2003/ALLPOLITICS/12/15/sprj.nirq.bush/index.html
saved on February 15, 2004]
¾ Carter, Phillip, Trying Saddam: Deciding on a court and the charges, CNN
Web site, first published on December 16, 2003,
[http://www.cnn.com/2003/LAW/12/16/findlaw.analysis.carter.saddam/index.ht
ml saved on February 15, 2004]
¾ Chomsky, Noam, Noam Chomsky's Concerns about Saddam's Trial, San
Francisco IMC Web site, first published on January 27, 2004,
[http://sf.indymedia.org/news/2004/01/1674210.php saved on February 15,
2004]
¾ Geneva Convention relative to the Treatment of Prisoners of War, United
Nations High Commissioner for Refugees Web site, first published on October
21, 1950, [http://www.unhchr.ch/html/menu3/b/91.htm saved on February 15,
2004]
¾ Hess, Pamela, Saddam is held as enemy prisoner of war, Washington Times
Web site, first published on January 9, 2004, [http://washingtontimes.com/upi-
breaking/20040109-073830-7354r.htm saved on February 15, 2004]15 ¾ Illegal combatant, Encyclopedia 4 U Web site, [http://www.encyclopedia4u.com/i/illegal-combatant.html saved on February 15, 2004] ¾ International Criminal Court, Amnesty U.S.A. Web site, [http://www.amnestyusa.org/icc/ saved on February 15, 2004] ¾ Keegan, John, The next challenge is how to bring about a much deserved execution, Mafhoum (Arabic version of Le Monde diplomatique) Web site, first published on December 15, 2003, [http://www.mafhoum.com/press6/173P52.htm saved on February 15, 2004] ¾ King, John, Arming Iraq: A Chronology of U.S. Involvement, Iran Chamber Society Web site, first published in March 2003, [http://www.iranchamber.com/history/articles/arming_iraq.php saved on February 15, 2004] ¾ Leaders unite in cheering capture, CNN Web site, first published on December 15, 2003, [http://www.cnn.com/2003/WORLD/europe/12/14/sprj.irq.saddam.world.reacti on/index.html saved on February 15, 2004] ¾ Meek, James Gordon, U.S. calls Saddam an 'EPW' not POW, New York Daily News Web site, first published on January 12, 2004, [http://www.nydailynews.com/news/wn_report/story/154111p-135589c.html saved on February 15, 2004] ¾ President Bush Announces Major Combat Operations in Iraq Have Ended, Web site of the White House, first published on May 1, 2003, [http://www.whitehouse.gov/news/releases/2003/05/iraq/20030501-15.html saved on February 15, 2004] ¾ Priest, Dana, Rumsfeld Visited Baghdad in 1984 to Reassure Iraqis, Washington Post Web site, first published on December 19, 2003, [http://www.washingtonpost.com/ac2/wp-dyn/A13558- 2003Dec18?language=printer saved on February 15, 2004] ¾ Prisoner of war, Encyclopedia 4 U Web site, [http://www.encyclopedia4u.com/p/prisoner-of-war.html saved on February 15, 2004] ¾ Professor: How Saddam should be treated, CNN Web site, December 14, 2003, [http://www.cnn.com/2003/LAW/12/14/cnna.wedgewood/index.html saved on February 15, 2004] ¾ Red Cross Confident It Will See Saddam, Al Jazeera Web site, [http://www.aljazeera.com/cgi- bin/news_service/world_full_story.asp?service_id=234 saved on February 15, 2004]
16 ¾ Riegle, Donald, Riegle Report - Chapter One, Part Two, Gulf War Veteran Resource Pages, first published in 1994, [http://www.gulfweb.org/bigdoc/report/r_1_2.html saved on February 15, 2004] ¾ Rumsfeld: CIA questioning Saddam, CNN Web site, first published on December 17, 2003, [http://www.cnn.com/2003/WORLD/meast/12/16/sprj.nirq.saddam/index.html saved on February 15, 2004] ¾ Rumsfeld: In the end, Saddam 'not terribly brave', CNN Web site, first published on December 14, 2003, [http://www.cnn.com/2003/WORLD/meast/12/14/sprj.irq.main/index.html saved on February 15, 2004] ¾ Saddam 'caught like a rat' in a hole, CNN Web site, first published on December 15, 2003, [http://www.cnn.com/2003/WORLD/meast/12/14/sprj.irq.saddam.operation/ saved on February 15, 2004] ¾ Saddam Hussein, ABC News Homepage, [http://www.abcnews.go.com/reference/bios/shussein.html saved on February 15, 2004] ¾ Saddam Hussein to Face Justice, Fox News Web site, first published on December 16, 2003, [http://www.foxnews.com/story/0,2933,105920,00.html saved on February 15, 2004] ¾ Saddam's Status Won't Affect Iraq's Ability to Try Him, U.S. State Department Web site, first published on January 13, 2004, [http://usinfo.state.gov/dhr/Archive/2004/Jan/14-638853.html saved on February 15, 2004] ¾ Specials: Saddam Hussein, Iraqi News Web site, [http://www.iraqinews.com/people_saddam.shtml saved on February 15, 2004] ¾ The Jefferson Cyclopedia, University of Virginia Library Web site, [http://etext.lib.virginia.edu/etcbin/foleyx-browse?id=Policy saved on February 15, 2004] ¾ U.S.: 'Hague Invasion Act' Becomes Law, Human Rights Watch Web site, first published on August 3, 2002, [http://www.hrw.org/press/2002/08/aspa080302.htm saved on February 15, 2004] ¾ War's opponents praise Saddam's capture, CNN Web site, first published on December 15, 2003,
17
[http://www.cnn.com/2003/WORLD/meast/12/15/sprj.irq.world.reax/index.htm
l saved on February 15, 2004]
¾ Wilkinson, Peter, Amnesty: Saddam photo humiliating, CNN Web site, first
published on December 18, 2003,
[http://www.cnn.com/2003/WORLD/meast/12/18/sprj.irq.saddam.photo/index.h
tml saved on February 15, 2004]
Newspapers:
¾ The Detroit News, Detroit Metropolitan Area Edition, December 15, 2003
¾ The Daily Telegraph, December 15, 2003
¾ The Detroit Freepress, Detroit Metropolitan Area Edition, December 15, 2003
¾ The Detroit News, Detroit Metropolitan Area Edition, December 17, 2003
¾ The Guardian, International Edition, December 15, 2003
¾ The Independent, European Edition, December 16, 2003
¾ The Independent, European Edition, December 17, 2003
¾ International Herald Tribune, December 15, 2003
¾ International Herald Tribune, December 16, 2003
¾ The New York Times, National Edition, December 15, 2003
¾ Time, European version, December 22, 2003 / Vol. 162 NO. 24
¾ USA TODAY, National version, December 17, 2003
¾ USA TODAY, International version, December 18, 2003
¾ USA TODAY ,National version, weekend edition, December 19-21, 2004
¾ Die Welt, December 17, 200218 Ich erkläre, dass ich die Facharbeit ohne fremde Hilfe angefertigt und nur die im Literaturverzeichnis angeführten Quellen und Hilfsmittel benutzt habe. Meckenheim, 9. März 2004, _________________________
You can also read
