Former Iraqi dictator Saddam Hussein will go on trial Monday accused of genocide and crimes against humanity in the so-called Anfal campaign of 1988.
The series of deadly assaults in the Kurdish region included the former regime’s alleged use of poison gas.
The trial comes as sectarian violence plagues the country more than three years after Hussein was toppled, with gunmen targeting Shiite pilgrims in Baghdad on Sunday.
Across the world, the court of public opinion watching the trial will be scrutinizing the much-criticized Iraqi High Tribunal.
Iraq’s Kurds, who are seeking justice for the well-documented attacks, welcome the trial. But one major human rights watchdog group that has helped educate the world about the Anfal campaign worries that the tribunal won’t do its victims justice.
“Anfal” — which means “spoils” in Arabic — is a term from the eighth chapter, or sura, of the Quran, the sacred Muslim book.
It is believed that about 100,000 Kurds were killed and 3,000 villages destroyed in the operation. Those who survived were illegally detained and later executed.
Human Rights Watch — which has tracked, documented and decried the Anfal campaign for years — warns that the Iraqi tribunal is “incapable” of handling the proceeding fairly, judging from its performance during the ongoing Dujail trial.
On the other hand, U.S. officials say the tribunal officials learned a lot from their experiences during the Dujail proceeding and have improved their performance.
The Dujail trial, which began last October, focused on a government crackdown in 1982 against Shiites in Dujail, north of Baghdad, after a failed assassination attempt against Hussein there.
The crackdown resulted in the deaths of 148 Shiite males, the mistreatment of many residents and the destruction of property.
The trial adjourned last month, and resumes in mid-October, when verdicts are expected for Hussein and seven co-defendants, including Hussein’s half-brother Barzan Hassan.
The Dujail proceeding was criticized by many observers for its delays, procedural problems and inadequate security for attorneys. Critics said Hussein and Hassan turned the trial into a circus with frequent interruptions and constant harangues. They were two of eight suspects in the Dujail trial.
The legal machinery for the Anfal case got rolling as the Dujail trial was ending. In April, investigative judge Raed Jouhi announced that investigators had finished gathering witnesses and evidence and were ready to go to trial.
Internal armed conflict
Hussein and six co-defendants — including Ali Hassan al-Majeed, a former Iraqi general known as “Chemical Ali” — are on trial in the Anfal case.
All face charges of war crimes related to an internal armed conflict and crimes against humanity. Hussein and al-Majeed have been charged with genocide.
The other defendants in the Anfal case are Sultan Hashem Ahmed, the military commander of the campaign; Saber Abdel Aziz, the director of military intelligence during the campaign; Hussein Rashid, the deputy of operations for Iraqi forces at the time; Taher Ani, a former governor of Mosul; and Farhan Jubouri, former head of military intelligence in northern Iraq.
When the proceeding kicks off, the lead prosecutor is expected to read the charges against the accused, and the defendants may identify themselves during the proceeding.
Five native Iraqi judges of Shiite and Kurdish origin will preside over the tribunal, created in 2003 to prosecute members of the former Iraqi regime who are alleged to have committed war crimes, crimes against humanity, genocide and the violation of certain Iraqi laws.
A U.S. official close to the proceeding said the chief judge is Abdullah al-Amri.
He said the trial is expected to be completed in months, by mid-December, with the court preparing to work three to four days a week 10 a.m. to 4 p.m. with time off every so often. There will be a one-week break during the week of October 16, when the Dujail verdict is to be announced.
There are 120 to 140 witnesses expected for the prosecution, and the defense must provide its list of witnesses by the end of October, the official said.
On Monday, all defendants will be in the courtroom, the official said, and Hussein will have the same defense team he had in the Dujail trial. Hussein — who received medical care after a hunger strike — is eating and exercising and is thought to be in good health, the U.S. official said.
There will be opening statements from the prosecution and defense and opening pleas from each defendant, and if time permits, there will be testimony, the official said.
‘Justice must be done’
The Kurdish regional government — which represents the people of Duhuk, Sulaimaniya and Irbil provinces in the north — said it “welcomes the trial of Saddam Hussein at the Iraqi Special Tribunal. Justice must be done, and must be seen to be done.”
Estimates of the number of deaths in the Anfal operation range from 50,000 to nearly 200,000, and Iraq’s Kurdish Regional Government said that “for decades to come, this horrific period of their history will remain in the collective memory of the people of Kurdistan.”
“These policies and crimes were conceived and conducted by Saddam Hussein and his regime,” the Kurdish government said in a statement on Thursday.
The regional government says it “has sought and will continue to seek justice for the victims through legal, democratic and transparent means” and it “demands that the Iraqi government compensate the victims of the crimes committed by Saddam Hussein’s government, as provided for in the constitution of Iraq.”
Human Rights Watch said the tribunal “must improve its practices if it is to do justice in the upcoming Anfal trial.”
“The Anfal campaign was a genocide carried out against part of the Kurdish population,” Richard Dicker, director of Human Rights Watch’s International Justice Program, according to a statement quoting him. “Genocide is the most serious crime there is, and it’s essential that the tribunal conducts the Anfal trial fairly.”
But the group believes the tribunal “is presently incapable of fairly and effectively trying a genocide case in accordance with international standards and current international criminal law.”
“Our investigation showed the Iraqi government ordered the extermination of part of its Kurdish population,” said Dicker. “But individual guilt or innocence in the Anfal case can only be determined through a fair trial, where the accused are able to mount an effective defense.”
Kurds “continue to live with the legacy of suffering and bodies continue to be unearthed from mass graves,” the Kurdish Regional Government said.
“The crimes have left behind a generation of women who lost their husbands, and children who lost their fathers, uncles and grandfathers. The Iraqi government’s acts have resulted in illnesses from chemical weapons exposure, unusually high rates of cancer, large numbers of internally displaced persons, and families still fighting to reclaim their homes and lands.”