Why is it taking so bloody long??!! But first, some context. The examplars often used by the incompetent Bush administration, that of Germany and Japan, for the ongoing Iraq operation, illustrate quite a different scenario than that unfolding in Iraq. The central point of "democratizing" a country or region and helping rebuild a nation is that the rule of law is firmly established expeditiously. That is, trials, with appropriate due process rights afforded to the accused, are undertaken quickly and justice is swift. In this way, each of the populace, other countries and potential insurgents see and experience the fact that further criminal/warlike actions will be dealt with under international rules of civilized law.
How is this relevant? Read on...
In Germany, the Nuremburg trials commenced quickly - planning was well underway even before V-E Day. And all of the Nazi leaders who survived the end of the war had their fates determined by the international courts within a year or so of capture. Some were imprisoned, some were executed and some were even acquitted. In Tokyo, the process moved slower, but all verdicts were announced on November 12, 1948. That is, the entire process of international tribunals, with myriad defendants and charges was completed roughly three years and three months after V-J Day.
The point of this diary is that virtually nothing has been done to establish the rule of law in Iraq and it has been 2 and 1/3 years since the end of major combat operations was proclaimed. No trials have commenced; none have been finally adjudicated, the establishment of an independent fully-functioning Iraqi judiciary remains undone. The Iraqi citizens have seen no trials; the victims of the Baathist tyranny have not testified, their families have not received justice. There was an arraignment last summer of Saddam Hussein. Since then, we have heard many promises and exhortations to action, but nothing has been accomplished.
Now, I believe that we made a fatal mistake in (essentially) foregoing international tribunals. Under Hussein, Iraq invaded three countries - Iran, Kuwait and Saudi Arabia - and it seems to me that their claims (and those of the wider international community) should have been dealt with initially. That way, local tribunals could have used the international tribunals as helpful examples and could - like Germany and Japan - have provided a backstop for further judicial review beyond the international results. In addition, the claims of the UN could have been more succinctly addressed - and this was especially important given that one of the principal jusitifications of the Iraq war was that Iraq had violated UN resolutions.
That, though, didn't happen. Rather, the incompetent Bush administration has placed all of its rule of law eggs in one basket - a non-existent Iraqi judiciary. That could have been partially ameliorated by moving quickly locally, but that didn't happen either. Instead, we saw Abu Ghraib, relentless round-ups of Iraqi citizens and prisoner abuse. Justice by fiat - not the rule of law.
Trials and ultimate justice can have an extremely beneficial effect. They re-establish a civilized connection with the people; they establish a respect for courts and the judicial process. They can demonstrate to the world the healthy functioning of a nation-state. In China, the trial of the Gang of 4 had this type of effect. Something similar is happening regarding Serbia right now. In South Africa, the Truth and Reconciliation Commission did the same.
Why are we still waiting regarding Iraq??!! I fully realize that these things take time, but why is Iraq so much more difficult that Germany and Japan and China and South Africa and Serbia? And why haven't we at least started with lower level putative war criminals? In that way, prosecutors gradually build their case and lay the groundwork for future trials of higher level figures.
In my view, this issue is critical. I can hardly believe that it has gotten such little attention. I guess it's kind of like capturing or killing Osama bin Laden and bringing him to justice, which hasn't happened either. I guess it's like women's rights in Iraq and Afghanistan, which isn't progressing too well in the "Constitutional" process.
How long will we have to wait before this country decides to champion the rule of law, as in the olden times??