“Judging Dujail” reports previously undocumented and serious procedural flaws in the trial, including:

regular failure to disclose key evidence, including exculpatory evidence, to the defense in advance;

violations of the defendants’ basic fair trial right to confront witnesses against them;

lapses of judicial demeanor that undermined the apparent impartiality of the presiding judge; and

important gaps in evidence that undermine the persuasiveness of the prosecution case, and put in doubt whether all the elements of the crimes charged were established.

At stake is not only justice for hundreds of thousands of victims but, as at Nuremberg, the historical record itself.... Executing [Saddam] while other trials are ongoing will also deprive many thousands of victims of their day in court.