Saddam Hussein, One Year Later
WASHINGTON, Dec. 13, 2004 — -- The capture of former Iraq President Saddam Hussein by U.S. soldiers a year ago was seen by most as a new beginning for Iraqis and Iraqi justice.
Saddam has been held in an isolation cell near Baghdad International Airport since U.S. troops found him hiding in a "spider hole" in the ground near his hometown of Tikrit in northern Iraq. Recent reports that he is on a hunger strike are wrong, said one U.S. military official.
"In fact," said the source, "he has gained weight" since he appeared in court last July, his only court appearance thus far.
The former Iraqi dictator falls under the protection of the Geneva Conventions, giving him the right to humane treatment, access to counsel, and the opportunity to question his accusers.
Justice, however, has not been swift -- Saddam, 67, has not yet seen a lawyer. While 20 lawyers have claimed they represent him, none has done the required paperwork.
"The possibility is that the strategy of Saddam Hussein's lawyers is to discredit the court, using this claim that they haven't been able to see their client even though they are manufacturing that claim because all they have do is register," said Michael Scharf, professor of law and director of the War Crimes Research Office at Case Western Reserve University. Scharf was one of five international law experts who helped train Iraqi judges after major combat ended in the country.
Saddam is charged with genocide and mass murder, including the 1988 gassing of more than 5,000 Kurds. Iraqi officials say it will be an easy case to prosecute, but Scharf is not so sure.
"There is no paper trail linking Saddam Hussein to these heinous acts," he said, which means prosecutors will have to rely on the testimony of other high-level Baath Party officials.
The United Nations and human rights advocates fear that prosecutors will allow testimony obtained by torture, which is prohibited by the Geneva Conventions. Iraqis have said the former dictator could receive the death penalty if found guilty.
Iraqis hoped to start Saddam's trial this month, but an Iraqi official said today it will likely not happen until 2006.
ABC News' Martha Raddatz filed this report for "World News Tonight."
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