Re-evaluating the execution of Hussein

Saddam Hussein, his half-brother, Barzan Ibrahim al-Tikriti, and former Iraqi chief judge, Awad Hamed al-Bandar were convicted for the 1982 mass murder of 148 civilians from Dujail. Hussein was hanged on Dec. 30, 2006, and his two compatriots were hanged on Jan. 15. The executions were surrounded by controversy due to the leaked cell phone footage of Hussein's execution. While the hangings may be distant in our memories, we hope that Princetonians will reconsider the ethics and pragmatism of these and other judicial killings.

Though we oppose these executions, we understand the natural desire among many Iraqis and Americans for justice in the form of capital punishment for Hussein and his cohorts. In addition to the Dujail massacre, Hussein was responsible for, among many atrocities, the murder of 100,000 Kurds in 1998. Moreover, many place blame, at least in part, on Hussein for provoking the American invasion of Iraq that has cost tens of thousands of lives and has left the country in shambles. If there were any criminal for whom the death penalty would be appropriate, it would be Hussein. While we did not shed a tear for Hussein or his allies in their final moments, we must denounce these executions.

Even in this most extreme of cases, the problematic nature of the death penalty was exposed to the world. Hussein's execution has sparked widespread international criticism, further unrest within Iraq and an increasingly popular view of a terrible despot as a martyr. The tone of the execution was a mockery of justice. As Hussein stood on the platform with a noose around his neck, he was abused in his final moments by the guards who were supposed to be carrying out the Iraqi court's sentence. Shouts drowned out the plea of the prosecutor: "Please, no. The man is about to be executed."

After Hussein's hanging, Iraqi officials delayed the executions of Tikriti and Bandar to review the procedures for hangings. Nevertheless, two weeks later, Tikriti was decapitated due to inaccurate calculations. Though Iraqi officials described the botched execution of Tikriti as a "rare incident," it is indicative of a brutal means of punishment fueled by vindictiveness. Onlookers taunted Hussein as he walked to the gallows, and Shiites and Kurds celebrated in Iraq and America at the announcement of his demise. Capital punishment in this case served no deterrent or public safety purpose but was the result of public pressure to fulfill base emotions of hatred and vengeance.

Slobodan Milosevic was charged with war crimes in Kosovo and Croatia and for genocide in Bosnia and was extradited to The Hague to stand trial. After the atrocities of the Holocaust, 24 leaders of Nazi Germany stood trial at the Nuremberg Palace of Justice. A panel of judges representing the Allied Powers adjudicated their sentences. Accused of comparable crimes, Hussein warranted a similar trial. Because the international tribunals at The Hague and courts throughout the developed world no longer authorize capital punishment, the Bush administration made sure that the trial was carried out in Iraq so that the former tyrant would surely be executed. Hussein should have been tried in the international arena, and his trial should have encompassed all of his crimes against humanity.

Perhaps the most troubling of all the implications of the executions in Iraq has been the new view of Hussein as a hero. The images of the former dictator facing death calmly under torrents of abuse from his executioners have resonated in the minds of many Sunni Arabs in the region. Demonstrators took to the streets in Palestine, Libya, Morocco and Lebanon. Roula Haddad of Lebanon told The New York Times said, "all our hatred for [Hussein] suddenly turned into sympathy, sympathy with someone who was treated unjustly by an occupation force and its collaborators."

Hussein's execution was troubling for several reasons specific to his circumstances, including the failure to stand trial for war crimes in an international court and his new status as a martyr. His death was also indicative of the problems inherent in capital punishment. The desire for revenge and retribution among the family members of victims is present in all death penalty cases, and no juror can fail to be influenced by these strong emotions. Furthermore, though hanging is a particularly gruesome image in our minds, there is no humane way to kill a human being. This is evidenced most strongly by the recent decision on the part of the U.S. Supreme Court to examine the practice of lethal injection as potentially cruel and unusual. Though the American public is not subjected to the video footage of state executions, we should not delude ourselves. The American justice system is not so far removed from the Iraqi version of justice. When capital punishment fails even in the paradigmatic case of mass murderers, we ought to reevaluate our commitment to its broader use. David Christie '10 and Sara Viola '08 write on behalf of Princeton Coalition Against Capital Punishment. They can be reached at dchristi@princeton.edu and sviola@princeton.edu.