How the New World is in Fact Being Ordered, a New Book By Abdul-Haq al-Ani, Clarity Press

HOW THE 'NEW WORLD'
IS IN FACT BEING 'ORDERED'

THE TRIAL OF
SADDAM
HUSSEIN

BY Dr. Abdul-Haq Al-Ani

ISBN: 978-0-932863-58-4 || 2008 || 421 pages

SYNOPSIS

The trial of Saddam Hussein marks the first time since the UN was created that a head of state has been put on trial by an invading, occupying power. This book seeks to draw public attention to the threat this precedent poses to developing nations worldwide, and to its distortive influence on the further evolution of international law.

Al-Ani documents the trail of illegalities marking the destruction of Iraq at the hands of the US and UK, from the genocidal sanctions of the 1990s, the US State Department pre-invasion planning that commenced in 2001, and the 2003 invasion, to the setting up and proceedings of the tribunal that swiftly dispatched Saddam Hussein.

While the Tribunal was intended to promote the image of a triumphant Iraqi democracy, the US was actually in control of all stages of the trial. It drafted the Tribunal’s Statute; determined the trial venue and what charges would be brought; researched, compiled, stored, and prevented access to evidence and documentation; selected and trained the judges, and micro-managed the proceedings.

The trial itself was so farcical as to provoke international condemnation. International human rights groups, including Amnesty International and Human Rights Watch, as well as UN bodies such as the Working Group on Arbitrary Detention and the High Commissioner for Human Rights, have stated that the Iraqi Special Tribunal and its legal process does not meet international standards for a fair trial.

The behavior of the United States and its allies sets an ugly precedent for its intervention in other targeted states. This detailed examination reveals how the ‘New World’ is in fact being ‘ordered’. It presents a terrifying prospect of ruthless dictatorship, deprivation of independence, and removal of the human right to justice. It lays bare the level of deception, hypocrisy, and flagrant flouting of even its own laws to which the U.S. was willing to resort in order to achieve its objective: the subjugation of a sovereign nation.

THE AUTHOR

Dr. Abdul-Haq al-Ani is an Iraqi-born, British-trained barrister who served as legal adviser on Saddam Hussein’s defense to his daughter, Raghad Saddam Hussein. Called to the Bar in 1996, he also holds a Ph.D. in Electrical Engineering and a Diploma in International Studies from the University of London. Founding editor of The Arab Review, he has written widely on culture, politics and religion. He joined the Ba’ath Party while in his teens, but left it in disappointment a few years later, prior to the Ba’ath Party assuming power in 1968.

TABLE OF CONTENTS

PREFACE
Baghdad College
Joining the Ba’ath
Genocide against Iraq
Why Did I Get Involved?
How I Became Involved

Chapter 1
THE BA’ATH AND SADDAM HUSSEIN
The Birth of Arab Nationalism
The Birth of the Ba’ath
The Significance of the Ba’ath
The Uniqueness of Iraq in Arab-Muslim World
The Marginalization of the Shi’a in Modern Iraq
The Birth of Ba’ath in Iraq
Enter Saddam Hussein
The Ba’ath Revolution against Qassim
Disintegration and Restructuring of the Ba’ath
The Ba’ath 1964-1966
The Iraqi Ba’ath, 1966-1968
The Ba’ath, 1968-1979
The Ba’ath, 1979-1990
The Iraq-Iran War 1980-1988
The Kuwait Disaster 1990-
The Genocidal Blockade of Iraq 1991-2003

Chapter 2
PRE-PLANNING FOR REGIME CHANGE
US Imperialism and Zionism
The Iraq Liberation Act
The Future of Iraq Project (FIP)
Rumsfeld’s Statement after the September 11Attacks
The Attack on Restaurant in Baghdad
The Downing Street Memo
Blair’s Statement to Parliament

Chapter 3
EUROCENTRISM, INTERNATIONAL LAW AND THE INVASION OF 2003
The Ramifications of Eurocentrism
Eurocentrism and International Law
Which Law, Then?
Shortcomings of the Security Council
Misconceptions
The International Criminal Court Jurisdiction
Resolution 1483 on Iraq
The Genocidal Blockade Contravenes Peremptory Norms
The Crime of Aggression
The US View of International Law
The Security Council and the Charter
The Illegality of the 2003 Invasion
Could the Security Council Have Given Authority?

Chapter 4
THE OCCUPATION OF IRAQ DURING BREMER’S RULE
Letter from the UK/US to the Security Council on Their
      Intentions in Occupying Iraq
Security Council Resolution 1483
Obligations of Occupiers under International Law
The Hague Regulations
The Geneva Conventions
Security Council Resolutions Post Invasion
The Arrival of Paul Bremer
The CPA Institutes Systemic Change in Iraq
The Iraq Constitution of 1970
Regulation No. 1
Regulations, Orders and Memoranda
Legal and Judicial Legislation
Political Legislation
De-Ba’athification is a Crime Against Humanity
Administration for the State of Iraq for the Transitional Period: The Transitional Administrative Law ( TAL).
Arrest and Detention of Saddam Hussein
Breaches of Protocol I

Chapter 5
THE CREATION OF THE IRAQI SPECIAL TRIBUNAL
A Dilemma: Where to Try Saddam Hussein?
The Future of Iraq Project and the Transitional Justice Report
The CPA’s Crimes Against Humanity Investigations Unit
The CPA Sets Up the Iraqi Special Tribunal
Selection of the Tribunal’s Staff
The Regime Crimes Liaison Office (RCLO)
Cherry-picking the Crimes: Why Dujail?
The Iraq-Iran War Events, 1982
Daw’a Party Involvement

Chapter 6
MAKING THE TRIBUNAL “IRAQI”
Establishing the Iraqi High Tribunal (IHT)
The IHT Recognizes the Retroactivity Issue
Domestic Enactment of Non-Self-Executing Treaties
Immunity of Heads of State
Developing the IST/IHT Statute and Rules
To Establish Special Courts—Or Not to Establish Special Courts
The IHT Statute: The IST Statute in Sheep’s Clothing?
General Failures of the Statute and Rules
The Issues of Criminal Intent and Knowledge of the Crime
The Elements of the Crime
Torture, Ill-Treatment and Evidence
Investigation Stage
Elements of Fair Trial

Chapter 7
THE TRIAL
The Offense
The Sessions
An Appropriate Defense Obscured and Prevented
Analysis of the Outcome
The Failures of the Prosecution’s Case

Chapter 8
THE FAILURES OF THE TRIAL
Official Language
US Control
Independence and Political Interference
Biased and Incompetent of Judges
The Right to a Fair Trial
Failures in Keeping Evidentiary Records
Failure to Provide Written Decisions

Chapter 9
JUDGMENT, SENTENCE, APPEAL AND EXECUTION
Sentence
Observations on the Tribunal’s Judgment
Questions of Authorship
Inaccurate and Misleading Statements
            Crimes and the Tribunal’s Jurisdiction
Summary Refutation of the Jurisdiction of the Tribunal
Immunity of a Head of State
Were the Acts Criminal?
Crimes against Humanity under Iraqi Law
Crimes against Humanity under Customary International Law
            Crimes against Humanity under Treaty Law
The Tribunal’s Analysis of the Case against Saddam Hussein
Summary of Prosecution Witnesses’ Statements
Tribunal’s Summary of Saddam Hussein’s Statement
Summary of Defense Witnesses’ Statements
Questions Specifically Relative to Saddam Hussein
Evidence and Inferences Against Saddam Hussein
Extent of Saddam Hussein’s Responsibility
Conclusion on Tribunal Judgment
The Appeal
Is the Death Sentence Available under Iraqi Law?
The Execution
The Iraqi High Tribunal and the Evolution of International Law
Conclusion

CHRONOLOGY of Events in Iraq July 1958-December 2006
(40 pages)

APPENDIX I
Letter to the Security Council from the Permanent Representatives
of the UK and the US

APPENDIX II
Law of the Supreme Iraqi Criminal Tribunal

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