Indian communists protest against Saddam's death penaltyWhat should happen to tyrants found guilty of mass murder? The death sentence pronounced on Saddam Hussein has split the international community, but history shows there has never been a benchmark punishment for such awful crimes.
Indian communists protest against Saddam's death penaltyWhat should happen to rulers found guilty of mass murder? The death sentence pronounced on Saddam Hussein has split the international community, but history shows there has never been a benchmark punishment for such awful crimes.
The outspoken opposition of France, Italy and Finland to Saddam Hussein's death sentence, contrasted with Tony Blair's reluctant displeasure and George Bush's seeming endorsement highlight the international moral divide about the ultimate judicial punishment.
The outspoken opposition of France, Italy and Finland to Saddam Hussein's death sentence, contrasted with Tony Blair's reluctant displeasure and George Bush's seeming endorsement highlight the international moral divide about the ultimate judicial punishment.
There is a strong case for Saddam's judges not to sink to the depths that Saddam himself did in disregarding human life. On the other hand, a failure to implement the ultimate sanction may well be interpreted as weakness in a region where capital punishment is common.
There is a strong case for Saddam's judges not to sink to the depths that Saddam himself did in disregarding human life. On the other hand, a failure to implement the ultimate sanction may well be interpreted as weakness in a region where capital punishment is common.
The eminent human rights lawyer Geoffrey Robertson has suggested a third way - exile in a far land; the Falkland Islands, he says.
The eminent human rights lawyer Geoffrey Robertson has suggested a third way - exile in a far land; the Falkland Islands, he says.
Mr Robertson draws a parallel with Napoleon's exile to St Helena in the South Atlantic, but that ignores the fact that banishment to an island had previously failed in Napoleon's case.
Mr Robertson draws a parallel with Napoleon's exile to St Helena in the South Atlantic, but that ignores the fact that banishment to an island had previously failed in Napoleon's case.
Having directly and indirectly caused the deaths of four- to six-million soldiers and civilians in his campaigns that ranged from Moscow to Madrid, there was, not surprisingly, a move to execute the man when he was forced to surrender in 1814.
Having directly and indirectly caused the deaths of four- to six-million soldiers and civilians in his campaigns that ranged from Moscow to Madrid, there was, not surprisingly, a move to execute the man when he was forced to surrender in 1814.
Sent into exile, Napoleon escaped and returned to FranceInstead, he was exiled to Elba, a small island off the coast of Italy, only to escape back to France within a year. He promptly marched into Paris, flanked by loyal troops.
Sent into exile, Napoleon escaped and returned to FranceInstead, he was exiled to Elba, a small island off the coast of Italy, only to escape back to France within a year. He promptly marched into Paris, flanked by loyal troops.
Defeated shortly afterwards at Waterloo, Napoleon's foremost marshal, Michel Ney, was executed by firing squad. But it was his vanquisher, the Duke of Wellington - perhaps as one soldier to another - who shielded the Frenchman until the British government opted for his exile in his final resting place, St Helena.
Defeated shortly afterwards at Waterloo, Napoleon's foremost marshal, Michel Ney, was executed by firing squad. But it was his vanquisher, the Duke of Wellington - perhaps as one soldier to another - who shielded the Frenchman until the British government opted for his exile in his final resting place, St Helena.
Scroll forward little more than 100 years, and the world was confronted with a similar dilemma, with Kaiser Wilhelm II, widely perceived to have initiated the World War I.
Scroll forward little more than 100 years, and the world was confronted with a similar dilemma, with Kaiser Wilhelm II, widely perceived to have initiated the World War I.
The Kaiser's abdication, brought about by military anarchy within Germany, saw him forced into exile in neutral Holland at the end of the war.
The Kaiser's abdication, brought about by military anarchy within Germany, saw him forced into exile in neutral Holland at the end of the war.
When all sides met a year later to hammer out the Treaty of Versailles, they specifically called for the Kaiser's prosecution "for a supreme offence against international morality and the sanctity of treaties". Yet the Dutch queen, Wilhelmina, refused to extradite him, despite appeals from the Allies. He eventually died, in exile in June 1941.
When all sides met a year later to hammer out the Treaty of Versailles, they specifically called for the Kaiser's prosecution "for a supreme offence against international morality and the sanctity of treaties". Yet the Dutch queen, Wilhelmina, refused to extradite him, despite appeals from the Allies. He eventually died, in exile in June 1941.
When, 60 years ago, verdicts were handed down in the Nuremberg Trials of senior Nazis, there was a less sparing attitude.
When, 60 years ago, verdicts were handed down in the Nuremberg Trials of senior Nazis, there was a less sparing attitude.
Nurmeberg's precedent
Nurmeberg's precedent
But even then, the winning powers found it difficult to agree on what to do with those found responsible for the horrors perpetrated by the Third Reich.
But even then, the winning powers found it difficult to agree on what to do with those found responsible for the horrors perpetrated by the Third Reich.
The courtroom at Nuremberg, in which 21 Nazis were triedDeprived of trying Hitler, Goebbels and Himmler, 21 representative Nazi leaders were put on trial and accused of a range of offences including the new crime of genocide.
The courtroom at Nuremberg, in which 21 Nazis were triedDeprived of trying Hitler, Goebbels and Himmler, 21 representative Nazi leaders were put on trial and accused of a range of offences including the new crime of genocide.
Eleven were found guilty and hanged (Goering cheated the gallows by taking poison the night before), seven were sentenced to varying terms in Spandau Prison and three were acquitted.
Eleven were found guilty and hanged (Goering cheated the gallows by taking poison the night before), seven were sentenced to varying terms in Spandau Prison and three were acquitted.
It was a shadow of Stalin's suggestion that 50,000 of the most senior Nazis be executed.
It was a shadow of Stalin's suggestion that 50,000 of the most senior Nazis be executed.
Although the prosecution accused the Nazi defendants of crimes that were not criminal in international law at the time they were committed, the eventual sentences were less important that the verdicts and helped establish exactly what states were allowed to do in civil and international conflicts.
Although the prosecution accused the Nazi defendants of crimes that were not criminal in international law at the time they were committed, the eventual sentences were less important that the verdicts and helped establish exactly what states were allowed to do in civil and international conflicts.
When it came to dealing with another of the chief Axis powers, Japan, the problem was that she had not signed the Geneva Convention, so technically was not in breach of it.
When it came to dealing with another of the chief Axis powers, Japan, the problem was that she had not signed the Geneva Convention, so technically was not in breach of it.
Emperor spared
Emperor spared
Nevertheless, in another legal departure, 25 military and political leaders were charged with offences categorised as Class A (crimes against peace), Class B (war crimes), or Class C (crimes against humanity) in the key Tokyo War Trials of 1946-8.
Nevertheless, in another legal departure, 25 military and political leaders were charged with offences categorised as Class A (crimes against peace), Class B (war crimes), or Class C (crimes against humanity) in the key Tokyo War Trials of 1946-8.
Despite attempts to put him on trial, Japan's Emperor Hirohito lived to 1989All were found guilty by a panel of judges from 11 nations. Seven were hanged, 16 sentenced to life and two received shorter sentences.
Despite attempts to put him on trial, Japan's Emperor Hirohito lived to 1989All were found guilty by a panel of judges from 11 nations. Seven were hanged, 16 sentenced to life and two received shorter sentences.
But, notably, Japan's Imperial family, headed by its emperor, was spared and, indeed, continued to reign. And while in Germany and Japan there were other, related, trials of lesser war criminals, critics pointed out no Allied personnel were charged with war crimes. This was despite documented evidence of Stalin's excesses.
But, notably, Japan's Imperial family, headed by its emperor, was spared and, indeed, continued to reign. And while in Germany and Japan there were other, related, trials of lesser war criminals, critics pointed out no Allied personnel were charged with war crimes. This was despite documented evidence of Stalin's excesses.
Such lengthy, public trials are rare. Romania's dictator, Nicolae Ceausescu, was tried and executed by his fellow countrymen in just four days, pointing up the contemporary belief that modern dictators, like Saddam, should be tried by their peers.
Such lengthy, public trials are rare. Romania's dictator, Nicolae Ceausescu, was tried and executed by his fellow countrymen in just four days, pointing up the contemporary belief that modern dictators, like Saddam, should be tried by their peers.
Today, the international community has arrived at a broad consensus of what is acceptable behaviour, but has established no permanent international mechanism to convict those politicians and generals who transgress.
Today, the international community has arrived at a broad consensus of what is acceptable behaviour, but has established no permanent international mechanism to convict those politicians and generals who transgress.
The two current tribunals for crimes committed in the former Yugoslavia and Rwanda are temporary arrangements and, argue some, one-sided. In this sense, Goering's scribbled note when first indicted with war crimes in 1946, has a ring of familiarity: "The victors will always be the judge and the vanquished the accused."
The two current tribunals for crimes committed in the former Yugoslavia and Rwanda are temporary arrangements and, argue some, one-sided. In this sense, Goering's scribbled note when first indicted with war crimes in 1946, has a ring of familiarity: "The victors will always be the judge and the vanquished the accused."
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