Hang 'em high
Judge Shahen delivered the verdict to a few reporters assembled at the Council of Ministers building within the heavily guarded Green Zone as the rest of the country settled into its nighttime curfew. There were none of the theatrical outbursts contrived by Mr. Hussein to disrupt the trial and the appeal, because he was not present to hear the verdict.
The judge said simply that the appeals court had approved the verdict against Mr. Hussein, who was formally charged with crimes against humanity, and two co-defendants, who had also received death sentences in the Dujail killings, and that they now faced “execution by hanging until death” within 30 days.
Given that he's still on trial for the mass murder of Kurds, aren't they rushing things a tad? Or is there someone spurring them on to quick justice?
...at the American Embassy in Baghdad, a spokeswoman, Ginger Cruz, praised the “courageous effort” of the Iraqi judges and others at the tribunal, which she said ensured “that justice prevails for the atrocities Saddam Hussein and his regime committed against the Iraqi people.”
Not to cast aspersions here, but wouldn't it be a strange coincidence should the trial concerning the chemical attacks on the Kurds be avoided because the defendant suddenly found himself at the wrong end of a rope? I mean, it sure would help to avoid some uncomfortable subjects that could come up in such a trial.
The U.S., which followed developments in the Iran-Iraq war with extraordinary intensity, had intelligence confirming Iran's accusations, and describing Iraq's "almost daily" use of chemical weapons, concurrent with its policy review and decision to support Iraq in the war [Document 24]. The intelligence indicated that Iraq used chemical weapons against Iranian forces, and, according to a November 1983 memo, against "Kurdish insurgents" as well [Document 25].
What was the Reagan administration's response? A State Department account indicates that the administration had decided to limit its "efforts against the Iraqi CW program to close monitoring because of our strict neutrality in the Gulf war, the sensitivity of sources, and the low probability of achieving desired results." But the department noted in late November 1983 that "with the essential assistance of foreign firms, Iraq ha[d] become able to deploy and use CW and probably has built up large reserves of CW for further use. Given its desperation to end the war, Iraq may again use lethal or incapacitating CW, particularly if Iran threatens to break through Iraqi lines in a large-scale attack" [Document 25]. The State Department argued that the U.S. needed to respond in some way to maintain the credibility of its official opposition to chemical warfare, and recommended that the National Security Council discuss the issue.
Following further high-level policy review, Ronald Reagan issued National Security Decision Directive (NSDD) 114, dated November 26, 1983, concerned specifically with U.S. policy toward the Iran-Iraq war. The directive reflects the administration's priorities: it calls for heightened regional military cooperation to defend oil facilities, and measures to improve U.S. military capabilities in the Persian Gulf, and directs the secretaries of state and defense and the chairman of the Joint Chiefs of Staff to take appropriate measures to respond to tensions in the area. It states, "Because of the real and psychological impact of a curtailment in the flow of oil from the Persian Gulf on the international economic system, we must assure our readiness to deal promptly with actions aimed at disrupting that traffic." It does not mention chemical weapons [Document 26].
Soon thereafter, Donald Rumsfeld (who had served in various positions in the Nixon and Ford administrations, including as President Ford's defense secretary, and at this time headed the multinational pharmaceutical company G.D. Searle & Co.) was dispatched to the Middle East as a presidential envoy. His December 1983 tour of regional capitals included Baghdad, where he was to establish "direct contact between an envoy of President Reagan and President Saddam Hussein," while emphasizing "his close relationship" with the president [Document 28]. Rumsfeld met with Saddam, and the two discussed regional issues of mutual interest, shared enmity toward Iran and Syria, and the U.S.'s efforts to find alternative routes to transport Iraq's oil; its facilities in the Persian Gulf had been shut down by Iran, and Iran's ally, Syria, had cut off a pipeline that transported Iraqi oil through its territory. Rumsfeld made no reference to chemical weapons, according to detailed notes on the meeting [Document 31].
Rumsfeld also met with Iraqi Foreign Minister Tariq Aziz, and the two agreed, "the U.S. and Iraq shared many common interests." Rumsfeld affirmed the Reagan administration's "willingness to do more" regarding the Iran-Iraq war, but "made clear that our efforts to assist were inhibited by certain things that made it difficult for us, citing the use of chemical weapons, possible escalation in the Gulf, and human rights." He then moved on to other U.S. concerns [Document 32]. Later, Rumsfeld was assured by the U.S. interests section that Iraq's leadership had been "extremely pleased" with the visit, and that "Tariq Aziz had gone out of his way to praise Rumsfeld as a person" [Document 36 and Document 37].
Rumsfeld returned to Baghdad in late March 1984. By this time, the U.S. had publicly condemned Iraq's chemical weapons use, stating, "The United States has concluded that the available evidence substantiates Iran's charges that Iraq used chemical weapons" [Document 47]. Briefings for Rumsfeld's meetings noted that atmospherics in Iraq had deteriorated since his December visit because of Iraqi military reverses and because "bilateral relations were sharply set back by our March 5 condemnation of Iraq for CW use, despite our repeated warnings that this issue would emerge sooner or later" [Document 48]. Rumsfeld was to discuss with Iraqi officials the Reagan administration's hope that it could obtain Export-Import Bank credits for Iraq, the Aqaba pipeline, and its vigorous efforts to cut off arms exports to Iran. According to an affidavit prepared by one of Rumsfeld's companions during his Mideast travels, former NSC staff member Howard Teicher, Rumsfeld also conveyed to Iraq an offer from Israel to provide assistance, which was rejected [Document 61].
Donald Rumsfeld emerges victorious from this debacle of his own making, having successfully covered his tracks with a quick "exit" by Hussein, all done under the guise of "Iraqi justice."
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