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Why Henzelin Refused to Defend Hussein
21 October 2005
by Anai Rhoads
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AnaiRhoads.org -
The man sought after by Saddam Hussein's wife to be his defence lawyer, declined
the opportunity to do so, citing the trial is just a way for Bush to
justify the invasion of Iraq.
Marc Henzelin told the Swiss SonntagsZeitung newspaper Thursday his
refusal to cover the case was also based on his concerns that the trial
would be too risky.
"I visited Baghdad 12 times over the past two years. Investigating
magistrates were killed, as well as witnesses and evidence was
destroyed during the war," Henzelin told the Swiss paper.
Henzelin, whose career as a criminal defence lawyer spans over two
decades, believes that despite the trial being broadcasted on live
television, 90 percent of the proceedings may not be decided in the
courtroom, but rather during the investigation itself.
"What's the point of a trial if the defence has not been able to take
part in the investigations? Or if it is not possible to call witnesses
to the stand because they were executed or have to fear for their
lives?" Henzelin pointed out.
The trial is deemed illegal by experts because the Geneva and the Hague
Conventions cite that no occupying force has a say in changing the
legal system of the country, which the Bush administration is seeking to do.
Henzelin points out that judges were not elected but
appointed by the occupying powers.
"They flew in a nephew of Mr Chalabi [Salem Chalabi's uncle Ahmed led
the foremost Iraqi opposition movement, the US-backed Iraqi National
Congress]. He was a lawyer in London specialising in commercial law.
Later he was appointed president of the Iraqi special tribunal,"
Henzelin said.
Saddam, along with the seven other defendants, are accused of crimes
against humanity in the 1982 slaughter of more than 150 Shi'ite Muslims
in Dujail.
Hussein's trial began Thursday at his former presidential palace
complex in Baghdad, Iraq. The former dictator has been secluded in a
jail cell since 13 December 2003.
Henzelin currently teaches at the Centre for International Law at
Geneva University and says he has no regrets in denying legal service to the former Iraqi dictator.
©2005 Anai Rhoads. Reproduction must be authorised in writing
by author only. Altering, redistributing, or selling this material is
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