Un procès taillé sur mesure : les leçons de l’exécution de Saddam Hussein

© Osman Orsal Source: Reuters
Saddam Hussein s’adresse à un juge, quand son procès commence à Bagdad

Le cas de l’ancien chef d’Etat irakien illustre une tendance moderne : il y a eu presqu’autant de procès d’anciens chefs d’Etat depuis la fin de la guerre froide que pendant les trois siècles précédents, explique l’historien John Laughland.

Rarement un anniversaire est-il aussi pertinent au regard de l’actualité que celui de l’exécution de Saddam Hussein le 30 décembre 2006. Certes, l’invasion de l’Irak en 2003 est une cause directe du chaos actuel en Irak. De même, la volonté d’en finir avec le nationalisme et le sécularisme arabes, dont Saddam Hussein et Bachar el-Assad, tous les deux baasistes, sont les avatars, est une continuité de la politique américaine qui a fait couler des fleuves de sang.

Les guerres occidentales contre la Yougoslavie et contre l’Irak ont profondément violé le système de droit international



Mais le dixième anniversaire de la fin du procès de l’ex-dirigeant irakien nous fournit deux leçons très précises sur le nouveau désordre mondial et notamment sur ses déformations juridiques. La première leçon concerne le droit international, c’est-à-dire le système normatif qui gouverne les rapports entre les Etats, en particulier dans son incarnation depuis la promulgation de la Charte des Nations unies en 1945. Depuis le rattachement de la Crimée à la Fédération de Russie en 2014, les Occidentaux ne cessent de répéter que cet acte a remis en cause l’ordre mondial tel qu’il avait été respecté depuis la fin de la Seconde Guerre mondiale. En réalité, ce sont les guerres occidentales contre la Yougoslavie en 1999 et contre l’Irak en 2003 qui ont profondément violé ce système de droit international.




On oublie souvent que la guerre otanienne contre la Yougoslavie, du 25 mars au 4 juin 1999, a été menée sans autorisation du Conseil de sécurité de l’ONU. Cet oubli est dû au fait que la guerre en Irak était beaucoup plus impopulaire que l’attaque contre la Yougoslavie : celle-ci, «humanitaire», avait été soutenue par la totalité de la gauche bien pensante. Les gens savent, donc, que l’invasion de l’Irak a violé le droit international.
Mais peut-être ne saisissent-ils pas l’ampleur de cette illégalité. Lorsque George W. Bush a lancé, la veille de l’attaque, un ultimatum à Saddam Hussein pour quitter le pouvoir, et lorsque Tony Blair a annoncé à la Chambre des Communes le lendemain que le but de la guerre était d’écarter Saddam du pouvoir, ces deux chefs de gouvernement violaient leur propre règles, ayant auparavant affirmé que le but de leur intervention serait seulement de mettre fin au soi-disant programme de construction d’armements de destruction massive. Jusqu’à cette date, ni l’un ni l’autre n’avait jamais évoqué le changement de régime comme un objectif de guerre : un tel but était parfaitement illégal, non seulement selon le droit international en général mais aussi selon leur propre lecture déformée des résolutions antérieures du Conseil de sécurité qui portaient sur ces armements.

Ce changement de régime en Irak devait aboutir à une restructuration du Moyen-Orient de fond en comble, pour mettre en place partout des régimes pro-américains

En réalité, le changement de régime avait toujours été le but de l’opération, tout comme en Syrie une décennie plus tard. Une fois l’invasion accomplie, les Américains et les Britanniques, nouvelles puissances d’occupation, ont violé le droit de la guerre concernant les droits et les devoirs d’un occupant. Ces lois, énoncées dans les Conventions de La Haye (1907) et de Genève (1949), interdisent à l’occupant de changer le système pénal ou de renvoyer les fonctionnaires ou les juges dans un territoire occupé.




Or, le nouveau gouverneur de l’Irak, Paul Bremer, a non seulement purgé la totalité du système judiciaire irakien ; il a aussi abrogé la constitution du pays. La dé-baasisation était d’ailleurs conforme au programme de changement de régime qui avait été énoncé dans l’Irak Liberation Act voté par le Congrès américain en 1998. Ce changement de régime en Irak devait aboutir à une restructuration du Moyen-Orient de fond en comble, pour mettre en place partout des régimes pro-américains – tout comme d’ailleurs le «printemps arabe» devait le faire huit ans plus tard.

Cette explosion de la justice internationale a été applaudie par tous les mondialistes comme un progrès incontestable

La deuxième leçon à tirer de l’exécution de Saddam Hussein concerne un autre aspect du droit international, qu’on appelle la justice internationale ou le droit humanitaire. Avec la création des deux premiers tribunaux pénaux internationaux, pour l’ex-Yougoslavie et le Rwanda, en 1993 et en 1994, qui a été suivie par la création d’un chapelet d’autres tribunaux et notamment par celui de la Cour pénale internationale en 2002, l’inculpation d’anciens chefs d’Etat, phénomène rare dans l’histoire, est devenue une banalité. Le premier chef d’Etat qui a été condamné étant Charles Ier d’Angleterre en 1649, il y a eu presqu’autant de procès d’anciens chefs d’Etat depuis la fin de la guerre froide en 1989 que pendant les trois siècles précédents.
Cette explosion de la justice internationale a été applaudie par tous les mondialistes comme un progrès incontestable. Le procès de Saddam Hussein a été accueilli par toutes les grandes organisations des droits de l’homme comme faisant partie de la mise en place d’un système garantissant la responsabilité politique des anciens dictateurs. Celles-ci ont certes déploré l’exécution de Saddam, car elles sont hostiles à la peine de mort ; mais elles ne s’étaient jamais préoccupées de la profonde illégalité qui a marqué son procès dès le début.


Tout d’abord, le Tribunal a été créé illégalement, par un décret du gouverneur Bremer qui en a aussi décrété le Statut. Or, un principe fondamental de l’état de droit est que tout tribunal pénal doit être créé par une loi, et non pas par un simple acte exécutif. Le Statut était taillé sur mesure pour juger le régime de Saddam : le tribunal exerçait une juridiction très limitée dans le temps, à la période entre le 17 juillet 1968 et le 1er mai 2003, la période du pouvoir baasiste en Irak.
Or, les règles fondamentales de la justice exigent qu’un acte ne peut être considéré criminel que s’il est condamné par une loi universelle votée préalablement. La création du Tribunal spécial irakien violait le principe fondamental énoncé par le grand constitutionnaliste britannique, A. V. Dicey, selon lequel un accusé peut être jugé seulement par un tribunal normal, et non par pas un tribunal spécial. La promulgation du statut de ce tribunal était en réalité un «bill of attainder», un décret spécial dirigé contre un individu ou un groupe d’individus, ce qui est formellement interdit par l’Article 1, section 9 de la constitution des Etats-Unis.

A plusieurs reprises pendant l’histoire irakienne, un nouveau régime avait jugé son prédécesseur

Clairement sous contrôle américain – en 2006, le président égyptien, Hosni Mubarak, écrira non pas au président irakien mais à George W. Bush quand il demandera la suspension de l’exécution de Saddam –le Tribunal avait fouillé dans les tiroirs de l’Irak pré-baasiste pour en sortir une loi qui interdisait toute guerre contre un autre pays arabe. Cette pirouette permettait au Tribunal de poursuivre Saddam pour l’invasion du Koweït en 1990, mais de passer sous silence la guerre contre l’Iran de 1980 à 1988. On préférait couvrir cette guerre, qui avait fait presqu’un million de morts et des centaines de milliards de pertes économiques, d’un voile pudique parce que Saddam Hussein avait été, pendant toute cette période … l’allié des Etats-Unis.




L’envoyé spécial de Ronald Reagan au Moyen-Orient, Donald Rumsfeld, qui sera ministre de la Défense sous George W. Bush pendant la guerre en Irak, s’était rendu à Bagdad à deux reprises pendant la guerre Iran-Irak pour rencontrer Saddam Hussein que les Américains approvisionnaient – selon un rapport du Sénat publié en 1994 – en armes chimiques et biologiques que Saddam utilisera contre les Kurdes en 1988. L’ex-dirigeant irakien pouvait être condamné pour cela, mais pas son fournisseur américain.
Pour les partisans de la justice internationale, la condamnation d’un dictateur déchu était une bonne nouvelle. Les Irakiens trouvaient cela moins nouveau. A plusieurs reprises pendant leur histoire, un nouveau régime avait jugé son prédécesseur, par exemple après la chute de la monarchie en 1958 et ensuite après le premier coup baasiste en 1963.

Les droits-de-l’hommistes occidentaux ont approuvé le procès de Saddam. Comme les anciens marxistes, ils ont expliqué que les dysfonctionnements du système exigeaient son renforcement

Saddam lui-même avait organisé un grand procès spectacle des ennemis de la révolution en 1969, à l’instar de Staline. L’un des juges du premier «tribunal spécial» irakien avait déclaré son instance «une lumière pour le monde entier» en 1960. Ironie de l’histoire, deux semaines après que Saddam a été pendu, son co-accusé, un ancien président de son Tribunal révolutionnaire, a lui aussi été exécuté, tous les deux ayant été condamnés par une loi que le tribunal révolutionnaire avait utilisée à partir de 1958 !




Au moins avant les dérapages évidents comme l’assassinat des avocats de la défense, et à part l’exécution qu’ils ont déplorée, les droits-de-l’hommistes occidentaux ont approuvé le procès de Saddam. Comme les anciens marxistes, ils ont expliqué que les dysfonctionnements du système exigeaient son renforcement. Ils n’ont pas vu que le ver était dans le fruit et que, comme tous les autres procès de chefs d’Etat selon les règles du nouveau désordre mondial, celui de Saddam était faussé et hautement politique. Vont-ils profiter de ce dixième anniversaire pour faire leur mea culpa ? J’en doute.


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