The Ultimate Justice Show 
Michael Byers
‘He is a torturer, a murderer, and they had rape rooms, and this is a disgusting tyrant who deserves justice, the ultimate justice.’ With those words, spoken during a television interview on 16 December, the President of the United States tried, convicted and sentenced the former Iraqi President Saddam Hussein.
Ostensibly, a proper trial will take place in an Iraqi court established specifically for senior members of Saddam’s regime; the creation of the court was announced by the Iraqi Governing Council just three days before Saddam’s capture. But the Council is itself a creation of the US and heavily beholden to it: its members were handpicked by President Bush’s special envoy, Paul Bremer, and they remain entirely dependent on the occupying authority for resources, security and what little power they hold. For the most part, the Council’s members suffered horribly under Saddam’s regime, or were forced into exile: such is their animus towards the former dictator that four of them demanded – and were granted – the right to confront him shortly after his arrest. And many of them will wish to retain influence after the elections planned for June 2004, in a country still brimming with hatred for the former regime. In these circumstances, there is no reason to expect them to create a court or appoint judges that could conceivably rule in Saddam’s favour.
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Michael Byers holds the Canada Research Chair in Global Politics and International Law at the University of British Columbia in Vancouver.
Other articles by this contributor:
The Laws of War, US-Style · No Way to Fight a War
Jumping the Gun · Against Pre-Emption
On Thinning Ice · When the Ice Melts
Woken up in Seattle · WTO woes
Back to the Cold War? · Missile Treaties
In Pursuit of Pinochet · Michael Byers discusses the legal implications of the arrest of Augusto Pinochet in London in October 1998