Michael Novak, discussing the Hussein execution -- and continuing to attempt to defend the justice of the Iraq war, which he and his colleagues have championed -- has this to say:

The crucial point has been and is the rule of law. Under greatdifficulties, and with considerable heroism and persistence, the legalsystem of Iraq functioned in accord with that rule of law. That nobleachievement is now an imperishable marker in the history of the MiddleEast. The rule of law applies without respect for persons. It applieseven to dictators of formerly unrivaled power. The law humbles all toequality under the law.

Ah, yes.   The "rule of law."  The Hussein execution was nothing if not a shining example of its virtues.  First, there was the trial:

The trial was marred by defense team walkouts and boycotts, defendantson hunger strikes, defendants dragged out kicking and screaming,sessions with no defendants, and one defendant, Barzan Hassan, dressedin underwear.

Hussein's legal team expressed many criticisms and concerns about the proceeding.  Thebiggest one -- the most persistent and basic -- was the need for safetyfor the attorneys in the volatile country. Throughout the Dujail trial,three defense lawyers were killed and one fled the country after he wasseriously wounded.

Human Rights Watch, the watchdog group thathas regularly issued reports about the Hussein regime's brutality overthe years, issued several critical reports about the Dujail trial.  Oneinvolved safety for defense counsel. Another said defendants had theright to have the lawyers they wanted, not court-appointed lawyers theyrejected. That issue came up after the defendants' chosen lawyerswalked out of the trial. Another concern involved "governmentinterference with the independence of the judges." This came up whenlawmakers and officials criticized Amin and demanded his dismissal.

Human Rights Watch had other criticisms.  Iraqi jurists and attorneys lacked "an understanding of international criminal law," the group said. "The court's administration has been chaotic and inadequate, making it unable to conduct a trial of this magnitude fairly." "Thecourt has relied so heavily on anonymous witnesses that it has undercutthe defendants' right to confront witnesses against them andeffectively test their evidence."

Even the Bush administration is damning the trial with faint praise:

U.S. officials close to the court agree the trial was "not a perfectprocess," but they also say it was "a very fair trial." The low point,they say, was when the defense attorneys were killed.

The low point was when the defense lawyers were killed?  I should hope so.  Then, of course, there was the execution:

A new video that appeared on the Internet late Saturday, apparentlymade by a witness with a camera cellphone, underscored the unruly,mocking atmosphere in the execution chamber.  This continued, on the video, through the actual hanging itself,with a shout of The tyrant has fallen! May God curse him! as Mr.Hussein hung lifeless, his neck snapped back and his glassy eyes open.

The cacophony from those gathered before the gallows included ashout of Go to hell! as the former ruler stood with the noose aroundhis neck in the final moments, and his riposte, barely audible abovethe bedlam, which included the words gallows of shame. It continueddespite appeals from an official-sounding voice, possibly Munir Haddad,the judge who presided at the hanging, saying, Please no! The man isabout to die.

The Shiites who predominated at the hanging began a refrain at onepoint of Moktada! Moktada! Moktada! the name of a volatile clericwhose private militia has spawned death squads that have made anindiscriminate industry of killing Sunnis appending it to a Muslimimprecation for blessings on the Prophet Muhammad. Moktada, Mr.Hussein replied, smiling contemptuously. Is this how real men behave?

I'm not going to shed any tears for Saddam Hussein.  As I've already said, the procedural irregularities of his trial notwithstanding, there is no doubt about his guilt and I think his execution is actually a close case under the Church's official teachings regarding the death penalty.  But, please, is this the rule of law that 3000 American solidiers and hundreds of thousands of Iraqis have died to establish?  The notion would be laughable if it were not so infuriatingly tragic.  Michael Novak, however, is not one to let reality get in the way of his apologetics.  "[T]he whole free world and all those opposed toextremist, lawless terrorism," he concludes, "have cause to rejoice."

Eduardo M. Peñalver is the Allan R. Tessler Dean of the Cornell Law School. The views expressed in the piece are his own, and should not be attributed to Cornell University or Cornell Law School.

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