Israel and the Case Against Saddam Hussein

Gary Fitleberg, December 17, 2003

Israel has a very strong case against Iraq and Saddam Hussein for supporting terrorism against it. The case is twofold. First for the Scud missiles fired on Israel during Gulf War I. Secondly, for supporting so-called "suicide bombers" (actually "homicide bombers") by paying a reward of $25,000 per bombing to the families of the bomber.

Attorney General Elyakim Rubinstein asked several government legal departments to start collecting data on Saddam Hussein's crimes against Israel to prepare for the trial that is expected to follow his capture by American forces over the weekend.

Rubinstein convened a special meeting of legal officials to discuss the issue. The meeting was attended by State Prosecutor Edna Arbel, the Foreign Ministry's legal advisor and a representative of the Israel Defense Forces' Judge Advocate General's Office.

Justice Minister Yosef Lapid on said that if Saddam is tried for war crimes, whether in Baghdad or The Hague, the government intends to send witnesses and documentary evidence regarding the destruction that was wreaked on Israel by the Scud missiles Iraq fired at it during the 1991 Gulf War.

"Firing missiles without provocation at a country that did not take part in a war is a war crime by every accepted definition in international law," Lapid said. "It is only just that Saddam should not be acquitted of this crime."

Defense Minister Shaul Mofaz seconded Lapid's view, saying: "Israel ought to be involved in submitting an international indictment against Saddam Hussein, due to his firing of Scud missiles at Israel during the first Gulf War and his support for Arab 'Palestinian' terror organizations that operate against Israel, including his assistance to a pro-Iraqi terror organization in the territories."

But a press statement issued by the Justice Ministry took a more cautious approach to the matter. "The issue is still in its infancy, and there are many questions about Saddam Hussein's trial, both procedural and substantive, that have not yet been resolved by the United States," the statement said, noting that Israel has been in contact with the U.S. on this matter. "Therefore, [Israel] will weigh its stance in light of further developments."

America, Israel and the international community has substantial documentary evidence to indict and bring Saddam Hussein to justice for his war crimes against humanity for the 35 years he ruled Iraq ruthlessly. One hopes that he receives a "fair and speedy" trial and his sentence be equivalent to his actions and dirty deeds.

Gary Fitleberg is a Political Analyst specializing in International Relations with emphasis on Middle East affairs.

Copyright © 2003 Gary Fitleberg


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