An Intentionally Unfair Trial

Numerous flaws made the Dujail trial a violation of the internationallyprotected human right to a fair trial. The United States andthe Iraqi authorities conducted an unfair trial knowing thatboth the Third and Fourth Geneva Convention describe ‘wilfullydepriving’ a person ‘of the rights of fair and regulartrial’ as a war crime. Even if Saddam Hussein was notto be regarded as a prisoner of war, that is, merely as a civilian,in any case his right to fair trial was protected by internationallaw. According to the author, both the relevant states and theindividuals involved in the unfair Dujail trial bear responsibilityfor breaches of international law.