By Binneh S. Minteh, Rtd. Lieutenant

Saddam's Legacy:An embodiment of brutality & inhumanity or a footnote in the doldrums of world history?

The drumming  and chanting in Baghdad, the dancing around Saddam’s death body and Jubilations in Michigan by Iraqi Americans and thousands of Iraqi victims around the world has left the legacy of a one time fearful and powerful icon on a questionable platform. Was he an embodiment of Brutality and inhumanity? Does this make him already a footnote in the doldrums of world history? Images of the former dictator’s execution, his death body on television screens, and other international media outlets speak volumes before any peace loving, and justice guiding person or persons.

While many remain strongly opposed to capital punishment, what is clear is that the one time brutal and untouchable dictator has fallen in disgrace. A man widely known to have used chemical weapons against his own people fought a bloody war against neighboring Iran and invaded Kuwait was dragged from a rat-pitch during the invasion by coalition forces. A one time most fearful man who executed thousands of his own citizens was reduced to a laughing stalk before the civilized world and his victims in particular.

Images and reactions on television screens after the execution of Saddam Hussein are a simple reminder that dictators can no longer hide after committing gross human rights violations. It is precisely on the ability of citizens of a nation together with the international community that one can claim a growing legitimacy in that direction.  Thus it is that legitimacy that has become a fundamental norm in chasing and shaming dictators before the civilized international community. Saddam Hussein like all other fallen dictators became the victim of such legitimacy.

In this perspective, the robust transformation and enforcement of International human rights law has raised many hopes for civilized global citizens while fear continues to ravage the remaining dictators. Yet, alternatively, those who adopt a more skeptical perspective towards bringing dictators before national and international tribunals must not doubt that the international community is moving rapidly beyond national boundaries to a global community that is increasingly empowering people, strengthening human rights, and respect for the rule of law. “For all the limitations of its enforcement, these are significant changes that, when taken together, amount to the rejection of the doctrine of legitimate power as effective control, and its replacement by international rules that entrench basic humanitarian values as the criteria for a legitimate government” (McGrew et al) 

The execution of Saddam Hussein is therefore, based on legitimate international legal mechanisms crafted to punish and potentially, deter aggressions and abuse of human rights by leaders and their accomplices. For it was apparent that various forms of violence perpetrated against individuals and many other forms of human rights abuses took place under the reign of the authoritarian Iraqi leader. Arguably, although capital punishment is questionable, Saddam Hussein deserved the punishment he got. 

The recognition in international law of the offences of war crimes, genocide, and the crime against humanity makes clear that acquiescence to the command of national leaders will not be considered sufficient grounds for absolving individual guilt in these cases (Held et al). This foundation was laid at the International Tribunal at Nuremberg; the backbone of individual criminal responsibility. The tribunal in Nuremberg after the Second World War argues Professor Cassese, “laid down for the first time in history, that when international rules that protect basic humanitarian values are in conflict with state laws, every individual must transgress the state laws (except where there is no room for “moral choice”, i.e., when a gun is held to someone’s head) (Cassese 1998, 132). Modern International and National courts have generally endorsed the position taken by the tribunal at Nuremberg and continue to affirm its rejection of both the defense of obedience to superior orders and official position in cases of crimes against peace and humanity. As one legal scholar noted: “Since the Nuremberg Trials, it has been acknowledged that war criminals and criminals of crimes against humanity cannot relieve themselves of criminal responsibility by citing official position or superior orders. Even obedience to explicit national legislation provides no protection against international law” (Dinstein 1993, P. 968). It was such a position held by the Iraqi court that sentenced Saddam Hussein to death.

With differing opinions about the former autocratic Iraqi leader’s trial, sentencing and execution, it is apt to revisit the questions posed at the beginning of the article: Is Saddam’s legacy an embodiment of brutality and inhumanity? Is he a Hero? Is he already a footnote in the doldrums of world history?  An analysis of the former dictator’s two decades of tyrannical reign could make anyone conclude that his legacy is not only an embodiment of brutality and inhumanity, but also one of a footnotes in the doldrums of world history. Justice has successfully taken its course for millions of victims and Iraqis at this juncture should reconcile and move on. It is therefore, a lesson for other remaining dictators that they could run, but could never hide.