Saddam's Execution: A talk back
By Charles Rush
January 21, 2007
Deuteronomy 30: 15-19
ve shared with some of you that I periodically take a break from the newspapers. It is not that I need to escape reality but my sense is that we live in an over-exposed world. We get a couple dozen magazines at home, cable TV, and are ever-connected to the internet. Sometimes, you need to unplug because the negativity of the news cycle can also be spiritually poisonous if that is all you live on.
I was unplugged over the holidays when
my brother-in-law called me over to his lap top one morning before my first cup
of coffee, just the two of us awake in the family. "I'm sorry" he
said, "But you have to see this." There were the headlines with the
execution of Saddam and the link to the video with what appeared to be a bad
Arabic Saturday Night Live tape with religious fascists taunting a secular
fascist, followed by a ludicrous violent end.
Both of us just said, "Oh my
God" and looked at each other in complete disbelief that this was the real
paper on the internet. I sat there with a deep spiritual disgust such as I
rarely have these days thank God. It was such an unfulfilling end to an
involvement with a Madman that had already taken up way more attention in my
lifetime than was warranted.
It struck me that this was a moment
that got away from us somehow. The final disposition with Saddam Hussein should
have been a moment when collectively all Iraqi's and all of the free world
could come together and say, 'the nightmare is over' and 'a new day is dawning'.
Instead it felt like 'systematic violence is over' but 'anarchic chaos
continues'. It felt like that because, of course, it is like that with 36,000
Iraqi's dying last year, round after round after round.
There were many levels that warrant
discussion. Why was there such a rush to the execution? Why was it done in the
middle of the night so that it came across more like a lynching than the
administration of law? The taunting… I was just incredulous that this was
allowed to take place? This raises the broader question of the role of
procedure when such a thing must take place: How is this to be done and what is
the moral meaning that we are trying to convey?
The video itself- a whole other discussion, important
in it's own right. [I happened to see the Political cartoon in the New York
Times that had three kids sitting on a couch, watching videos on their cell
phones, with that blank expression that adolescent boys get with videos. The
first one said, "You see the Saddam video". The second one said,
"O Man he is soooooo Dead". The third one says 'Let's see Brittney
Spears with no underwear again." This is the world our children are
growing up in]. I maintain that this is but one instance of a broader
mainstreaming of porno in our world. Technologically, almost everything is
available, now we have to figure out the harder moral question of whether it is
all good for us. It is definitely shaping us and what kind of people are we
becoming?
There is a question of the moral status
of retributive justice or honor killing which is so characteristic of the
Middle East or so it appears? This approach lifts up revenge as a moral virtue,
and in some traditions it is also a spiritual virtue. Most certainly the men in
the video thought that what they were doing was virtuous. I would only comment
that this is exactly the moral and spiritual environment in which Jesus lived
and taught. For me, events like this, throw his teachings into brighter light-
a kind of bas relief- and you realize the profundity, as well as the difficulty,
of his teaching on reconciliation and forgiveness.
I've asked Michael Radutsky to be
present. Michael produced a very important piece for "60 Minutes" a
couple years ago on the execution of
Timothy McVeigh, the bomber of the Murrah building in Oklahoma City that killed
168 people, 19 of them children. Michael interviewed the families of the
victims the week prior to his execution. Does capital punishment bring closure
to the pain that victims feel from their loss? Is capital punishment effective in
bringing healing?
There is the question of the death
penalty itself? Is it really effective in achieving what it is supposed to
achieve?
This case got right to the heart of the
issue on that point. There was no question of Mr. Hussein's guilt or innocence.
He admitted that he ordered the mass murder of tens of thousands of people
using gas. He showed no remorse. He did not plead any qualifications for his
case. In the words of a writer for the Wall Street Journal, 'He is a man for
whom there need be no human pity whatsoever.'
Curiously, this writer went on to note,
Mr. Hussein got the last word as a victim. In turning the camera on him, he was
able to give a speech of defiance, because the shame in that moment was on us,
perpetrating this execution. The writer actually made the point that in that
moment, it wasn't just the haphazard way that it was applied, it was really the
death penalty itself that was shame filled. The video just made that
transparent for all to see. It shouldn't have been filmed at all. True. It
shouldn't have been administered by partisans interested in inflicting
retribution as they did it. True. But more than that, this author suggested
that the death penalty itself undermines the moral fabric, the very values that
we are trying to instantiate.
Finally, I will tell you that my mind
has evolved on this subject twice. As a young man, I was opposed to the death
penalty, largely because of the actual way that is was applied in the South
when I was a child. Writing my dissertation with the Holocaust and World War 2
in the background of my thesis, I came to the conviction that there are certain
times and there are certain crimes for which people simply must die. Now, while
I still affirm that in principle, the actual instances for which that is true
are sufficiently small that, for all intensive purposes, I oppose it.
I could say a great deal more, but I
want to also hear from you. We don't have a place to discuss important social
issues publicly and the Church seems like a pretty good place to start. You can
address any of these levels, or something else that struck you living through
this and reading our editorial responses to it. What is on your mind.
Christian tradition does not have an
explicit teaching against the death penalty. Neither Jesus nor Paul say
anything directly about it. But, our commitment to the sanctity of life,
combined with the dramatic unjust and tortured death that Jesus suffered, Christian tradition has long
opposed the death penalty. I believe every Mainline Protestant denomination,
Roman Catholics and Eastern Orthodox Catholics all oppose it.
I came to part company with the vast
majority of my colleagues writing my dissertation with the Holocaust in the
background. I came to the conviction that there exist certain exceptional
social situations where the amount of violence and damage that is inflicted
upon society is so great, that for the re-establishment of the social order
going forward, some people just have to die. The end of World War 2 was one of
those occasions.
In the briefest terms, it had to do
with the need to re-establish a society of law in Europe. In her early analysis
of that period, Hannah Arendt noted that Fascism and Bolshevism, despite being
bitter enemies, fascism from the far right of the political spectrum and
Bolshevism being from the far left, had many similarities of structure, one of
them being a disdain for existing law and the body politic founded on law.
Both of them were movements. They both
described themselves this way. Communism was based on the inexorable laws of
class conflict and fascism was dedicated to racial purification. Lenin and
Trotsky believed that the inexorable destiny of class conflict could be speeded
up by dedicated leaders who had conscientization. So rather than wait for
Russia to slowly evolve from a feudal economy to an industrial economy and then
to a socialist economy as Marx argued is the inevitable path of development,
the argued that they could jump Russia past industrialism straight to socialist
paradise if they were led by the 'vanguard of the Proleteriat.' Force had to be
applied in an uncompromising manner. And that is what they did. Joseph Stalin
was only more consistent and completely merciless. But what they were
interested in was the progress of this eternal movement.
Hitler also believed that he and the
elite Nazi leaders embodied the pure essence of the movement of racial
purification that was the secret to restoring health to the sick body of German
society. He unleashed a never ending movement to purification that was simply
stopped early on. But to see the full scope of his plans was simply
astonishing. He was interviewed in the late 30's and a reporter asked him who
would take over the movement is he died and he gave an answer that Lenin or
Stalin could have easily given themselves. He said, "I am the
movement."
This movement had an open disdain for
not only existing laws but the concept of constitutional law itself. In both
societies, but let's just use Germany, the Nazi's established dual institutions
throughout society. You had the police and the Nazi police. You had the army
and the Nazi army. At all levels of government, you had regular bureaucrats and
you had Nazi minders that could over-ride, re-implement, just simply change what
the regular legal system was about. Over the course of many years, they were
able to duplicate almost everything and they would have done much more but they
lost the war. The function of this was to replace the legal society with the
movement and eventually they planned to completely displace the legal society
altogether.
So at the end of World War 2, there was
a crying political need to re-establish law, not only because of the regular
anarchy that war causes, not only because Germany was shattered economically,
but because Naziism systematically sought to eradicate those very foundations.
Add to this, the unprecedented reckoning with the destruction of 6 million
Jews, a depth of genocide and an organization of genocide simply unparalleled
in 10,000 years of civilization.
We had no organization, we didn't even
have concepts to deal with it. Out of this we invented the concept 'crime
against humanity', recognizing that genocide is not simply a threat to the
legal authority of a given society, it was a threat to the legal authority of
society itself. And we invented the Nurenberg trials, an international
tribunal, the precursor to the World Court because the scope of justice
transcended Nation States.
They knew very well that they were
making history, evident in the care with which everything was recorded in
volume after volume. It was evident in the care with which they chose Justices
and established a system of justice to ensure that they could 'mitigate the
revenge of the victors' as much as was humanly possible given the fact that the
victors were setting the rules and sitting in judgment. They picked justices
with impeccable reputations from across Europe, a great number coming from
smaller nations. The trials themselves gave all of Europe the opportunity to
hold up the mirror and to understand exactly what had just happened to them and
to develop a collective moral resolve going forward.
They had just been through a period of
organized inhumanity such as they had never known and what they needed to restore
was sanctity for life, respect for law, and a basic respect for other people.
I came to conclude that the leaders of Nazism,
defiant and contemptuous as they were throughout the trials at Nuremberg, had
to be judged, sentenced, reprimanded in unconditional terms even if it was done
in absentia, and killed without fanfare that law and order might be
unquestionably re-established.
© 2007
Charles Rush.
All rights reserved.