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(Excerpted from Los Angeles Times, Thursday,
Dec. 8,
2005)

After Hussein Refuses to Attend, Trial Resumes and Adjourns

The Conflict in Iraq

Saddam Hussein refused to sit through testimony Wednesday, December 9, by survivors of his government's prisons, delaying the hearing for five hours before the judges agreed to excuse him.
The Iraqi judges appeared determined to press on without Hussein, even at the risk of fueling his argument that the process is stacked against him. For Hussein, the risk was losing the televised platform he has exploited with gusto to denounce the judges as servants of the United States.
"I thought Saddam was doing quite well until he skipped class today," said Leila Nadya Sadat, an international criminal law expert at Washington University in St. Louis...
Gunmen killed a second defense lawyer in the trial of Saddam Hussein and seven co-defendants, throwing the controversial proceedings into greater turmoil and casting new doubt on the credibility of the tribunal.
Whatever the reasons for the slayings, some legal experts said the deaths illustrated why holding the trials abroad might have been prudent.
"Although having justice 'close to the people' is an important element of transitional justice, during an active conflict situation, it is simply impossible to do it effectively," said Leila Nadya Sadat, a Washington University law professor who helped train Iraqi jurists...
When Saddam Hussein declared Wednesday that the Iraqi war crimes tribunal had no right to put him on trial, he was not the first to raise questions about the panel's legitimacy.
Although some legal experts say the court is properly prosecuting the former Iraqi president, others say that the lack of international authorization puts its legitimacy in doubt.
Leila Sadat, who teaches law at Washington University in St. Louis, said she had reservations about the way the court was created. However, she said, Hussein's lawyers faced a "really uphill battle" challenging the court's legitimacy. She said no defendant had ever successfully challenged the legitimacy of a war crimes tribunal...

Appeared in:

Click headline below to view news story as originally posted on an external Web site.
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| Law Experts Divided Over Legitimacy of Tribunal
 Some cite U.S. influence and the lack of U.N. backing. Others believe Iraqis are within rights.

Los Angeles Times, Thursday,
Oct. 20,
2005
Byline:
Henry Weinstein, Times Staff Writer |

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Seattle Times and AZ Central.com |
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