Release date: Oct. 18, 2005
Contact: Elaine Justice at 404-727-0643 or elaine.justice@emory.edu

U.S. Should Keep Low Profile in Saddam Trial, Says Emory's van der Vyver

The trial of former Iraqi dictator Saddam Hussein has attracted worldwide attention, but the United States would do well to maintain a low profile during the proceedings, says Emory international law expert Johan van der Vyver. "The world will be watching to see if this is a puppet court under United States control," says van der Vyver, adding that in the past the Iraqi courts have always followed the directives of their leader in cases of a political nature, "so there is not a tradition of judicial independence."

The case, which began Oct. 16, concerns Saddam's ordering the murder of 143 Shiite Muslims in Dujail, Iraq, in retaliation when his motorcade was fired upon as he visited the village in the 1980s. Prosecutors chose to begin with these charges because Saddam has pleaded guilty to the facts of the case, says van der Vyver. Because the facts are not in dispute, both sides will concentrate on the legality of the court, as such, should that point be taken by the defense, he adds.

Among the thorniest questions expected to arise is whether the domestic Iraqi court that is conducting the trial can deal effectively with the charges that involve violations of international law.

The United States did not go to the United Nations Security Council to establish an international tribunal in Iraq, since indications were that support would not be forthcoming because of opposition to the war. "The United States then orchestrated an Iraqi tribunal that is purely domestic," says van der Vyver. "A lot of interesting legal arguments will arise from this fact. Some of the offenses are violations of Iraqi law, and others are violations of international law similar to the issues of Nuremberg," says van der Vyver. He also expects Saddam to raise the defense of "retro-activity, saying that his actions were not defined by Iraqi law as crimes when they were committed."

The I.T. Cohen Professor of International Law and Human Rights at Emory Law School, van der Vyver is an advocate of the High Court of South Africa and was involved in that country's transition to democracy in the early 1990s and worked to help to train judges, magistrates, public prosecutors and other officers in litigation under South Africa's new constitution.

Emory University is known for its demanding academics, outstanding undergraduate college of arts and sciences, highly ranked professional schools and state-of-the-art research facilities. For nearly two decades Emory has been named one of the country's top 25 national universities by U.S. News & World Report. In addition to its nine schools, the university encompasses The Carter Center, Yerkes National Primate Research Center and Emory Healthcare, the state's largest and most comprehensive health care system.

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