The trial of Saddam Hussein has resumed today in Baghdad. In this connection I was struck by some observations made last week by Marcel Berlins. He was lamenting what he sees as the 'disintegrated' legacy of the Nuremberg trials, and comparing them with the proceedings against Milosevic and Saddam - to the disadvantage of these more recent processes. Although the problems Berlins details with the latter are undeniable, I found his remarks rather narrowly focused.
First, he commends the Nuremberg example - 'for all the complaints at the time of "victors' justice"'. I would reckon it more than likely that, had the coalition nations in Iraq been directly responsible for the tribunal trying Saddam, this would not have been well received by the international body of anti-war opinion. Even as it is, you will find that negative reception reported in passing in the New York Times piece linked above - the reason being that the Iraqi court was 'originally founded by an American occupation decree'. It may be noted, also, that some of the defendants at Nuremberg were sentenced to hang.
Second, Berlins writes the following:
If Nuremberg has a true heir, it's the international criminal court (ICC) in The Hague, which has yet to stage a trial. It is checking out atrocities in Sudan and the Democratic Republic of Congo...OK, so he is evidently keeping his attention fixed on the matter in hand, namely, the quality of the judicial processes being compared, as he assesses them. Still, I have to say that this judgement of his does rather put me in mind of the famous remark...
Apart from that, Mrs. Lincoln, how did you enjoy the play?Yet to stage a trial; and checking out atrocities. Meanwhile, in Sudan, one of the sites of these atrocities, a genocide has been, and is still, in progress. But, you know, the relevant judicial process is better.
In Iraq, on the other hand, a mass murdering tyrant is under lock and key and his (imperfect) trial is under way. His regime, too, is gone. The Nuremberg trials only proceeded once the Nazi regime had been defeated. And at what a cost!
One can sometimes form the impression that the only good wars against fascism and tyranny are past wars - and this whatever their 'blemishes'.
