ABSTRACT
How Saddam Hussein's trial is conducted will largely determine whether world opinion views the verdict as legitimate and will influence how history judges the United States (US), United Kingdom (UK) and Australian involvement in Iraq. This chapter argues for Saddam to be tried in a better court model, a hybrid court is in best immediate and long-term interests of Iraq. Saddam first appeared in the Iraqi Higher Criminal Court (IHCC) on 19 October 2005, he pleaded not guilty to charges relating to the massacre of over 140 mainly Shiites in Dujail in 1982. This chapter examines charges against Saddam and explains why IHCC trials will be less than respectable in at least four ways. The narrow jurisdiction of the IHCC gives the impression of victor's justice. The IHCC Statute does not elaborate on the standard of proof in criminal trials. The vision for a strong rale of law in Iraq is further motivated by a vacuum in US security policy.
