The Judiciary is perhaps the most inconspicuous branch of government. The Executive Branch draws all the glory, with the Head of State making key decisions on a day-to-day basis. The Legislative Branch, the scene of constant bickering, is also quite prominent, with debates over legislation putting many members in the eye of the media and the public. Finally, there is the Judiciary. Lately, in the United States, the Judiciary has attracted media attention with the debates over Supreme Court nominees John Roberts and Samuel Alito. In Iraq, the Judiciary has also been prominent lately because of the trial of Saddam Hussein. With this greater prominence comes the greater need for the protection of those who are in the public eye. While there are whole armies of bodyguards protecting members of Iraq’s Executive and Legislative branches, there is no one to protect the members of the Tribunal that is the site of Saddam’s trial? We have seen the evidence of the crimes that Saddam committed. Innocent children were murdered, men were dragged out of their beds in the middle of the night, and women were executed and thrown into mass pits at Saddam’s hands. We’ve seen these. So, what exactly is the purpose of putting Saddam on trial? The world must continue to operate with the principle of “innocent until proven guilty.” The Tribunal, which mimics Nuremberg at the end of World War II, is where everyday Iraqis can decide the future of their country. They now have the opportunity to give Saddam a fair trial and present concrete evidence to the world of the atrocities committed under the Baathist regime. The success of this Tribunal is key to determining the success of Iraq, allowing the Iraqi people to put to rest their horrific past, and looking to a future of democracy and liberty. Obviously, the importance of the Tribunal cannot be understated. Why is it that Tribunal members must fear for their lives though, even as they are fighting for justice? Since the trial began in October, two members of the defense team have been killed. Neither of these attorneys had security guards with them when they were killed. Death threats are pouring in daily against anyone participating in the Tribunal. Ramsey Clark, a former U.S. Attorney General and a member of the defense team, has criticized the lack of protection for the Iraqi attorneys and their families. Now, a further setback to the Tribunal, the presiding Chief Judge, Rizgar Mohammed Amin, has asked to step down as Chief Judge, although he would like to remain as a Judge in the Tribunal. Although Amin gave no reason in his resignation letter as to why he wants to step down, one can assume that the reason involves the security threat that he faces. Although he is just one of the five judges presiding over the case, Amin is the only Judge whose name has been released and whose face appears on videos of the proceedings.. Many participants in the trial have refused to let their face be shown on video, as they fear that Saddam Loyalists will take their lives in retribution. The possibility of retribution cannot be tolerated. The Nuremberg Trials were able to, in many ways, put to rest the atrocities of the Holocaust by bringing justice down upon the perpetrators of the crimes. In the same way, the Iraqi people look to the successful prosecution of Saddam and completion of this Tribunal as another milestone on the road to democracy, just as the Parliamentary Elections held last month were. Even as coalition forces continue to beat back the insurgency which inflames the Sunni provinces of Iraq, priority must be given to providing security to members of the trial. This security may be provided by coalition forces or private security contractors. The Tribunal must remain transparent, and nobody should be afraid show their faces on video. The legitimacy of the Tribunal is just as important as its successful completion. When participants shy away from revealing their names, whether out of fear or for any other reason, it is a blow to the Tribunal’s credibility in the public eye. Contrary to public opinion, we are making progress in Iraq. Hopefully this Tribunal will bring us one more step closer to stability and democracy in Iraq.
