Yesterday in a post about the Saddam verdict I referred to the trial as "generally considered fair." Aside from being the kind of lazy passive voice that I always hate to read, it was an inaccurate (or, at the very least, incomplete) statement. Several comments and more than one email pointed out the widespread criticisms of the trial by legal and human rights groups, including Human Rights Watch, International Bar Association, Amnesty International, and others. Some of these groups are occasionally criticized for having a political agenda, and certainly objections tended to include condemnations of the death penalty, but I have no reason (or legal ability, frankly) to criticize their judgment that the trial was unfair in many ways.
What I should have written, and what I meant to get across, was that the verdict was generally considered fair. This viewpoint is supported by, for example, this article, which quotes experts to that effect:
"Did this meet the standards of international justice?" asked Jonathan Drimmer, who teaches war crimes law at Georgetown University Law Center in Washington. "The answer is no. But to look at the ultimate verdict, it certainly is consistent with the evidence presented."The trial seems to have been neither a miscarriage of justice nor up to international standards, which has the somewhat bizarre effect of making the trial questionable but the verdict appropriate. The trial was fairly open (most was broadcast on TV and/or radio), conducted in the language of the accused, accessible to the press, and monitored by experts; on the other hand, procedural errors abounded and both the prosecution and the accused hurt the process, including a multitude of procedural problems. For more on this, see here and here.
Miranda Sissons, a senior associate at the International Center for Transitional Justice, a group that has been severely critical of some of the trial proceedings, said, "This was not a sham trial," and added, "The judges are doing their best to try this case to an entirely new standard for Iraq."
(Incidentally, my email address isn't on the sidebar, but anyone should feel free to get in touch via ajamericablog (at) gmail.com -- just the usual requests (no lists, no spam, etc), please -- and I'll reply to whatever extent I can.)
