[Congressional Record (Bound Edition), Volume 151 (2005), Part 21]
[House]
[Pages 28414-28416]
[From the U.S. Government Publishing Office, www.gpo.gov]




  RECOGNIZING THE IMPORTANCE AND CREDIBILITY OF AN INDEPENDENT IRAQI 
                               JUDICIARY

  Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and agree 
to the resolution (H. Res. 534) recognizing the importance and 
credibility of an independent Iraqi judiciary in the formation of a new 
and democratic Iraq.
  The Clerk read as follows:

                              H. Res. 534

       Whereas the United States is supportive of a sovereign 
     governing body in Iraq, including the current government as 
     well as future duly elected governments and appointed 
     officials;
       Whereas Iraq, as do all sovereign nations, has the duty and 
     responsibility to indict, prosecute, and punish criminals 
     within its jurisdiction;
       Whereas the Iraqi Special Tribunal holds the sovereign 
     power to prosecute criminals;
       Whereas certain accused individuals have allegedly 
     committed egregious crimes against humanity, genocide, and 
     war crimes;
       Whereas the people of a free and democratic Iraq deserve 
     justice for the horrific crimes inflicted upon them; and
       Whereas the Iraqi Special Tribunal is empaneled to bring 
     swift and impartial justice for the people, victims, and the 
     nation of Iraq: Now, therefore, be it
       Resolved, That the House of Representatives fully supports 
     an independent Iraqi judiciary and its efforts to serve the 
     cause of justice in a free and democratic Iraq.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr. 
Lantos) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida.


                             General Leave

  Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on the resolution under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, an independent judiciary is one of the hallmarks of good 
government and is an essential check on the power of judicial and 
legislative branches of the modern state. Indeed, a requirement for 
evenhanded justice is an element of natural law and is called for in 
the Bible and the Koran which require equal justice for the poor and 
the rich.
  In the case of Iraq, it would have been simple for a kangaroo court 
of some sort to have convened, held a trial of such obvious violators 
as Saddam Hussein and then had them shot

[[Page 28415]]

immediately. This has been the case in some uprisings, both in the 
Middle East and elsewhere, such as when Romania's regime fell. This is 
not the path that the Iraqis have chosen, and we should honor them for 
this choice. The trial of Saddam as it is being carried out stands in 
sharp contrast to the actions of the Hussein regime against its 
dissenters who were usually executed after some paperwork was completed 
but where there was no semblance of a fair trial.
  The resolution before us expresses our support for an independent 
Iraqi judiciary. This judiciary may disappoint from time to time. That 
is the nature of independent judges, to make unpopular decisions based 
strictly on law. Adherence to the rule of law and the existence of an 
independent Iraqi judiciary will be a critical component to the 
consolidation of Iraqi sovereignty and democratic governance, and I 
appreciate the efforts of the gentleman from Texas (Mr. Burgess), the 
author of this resolution, who traveled to Iraq, met with the Iraqi 
judges and came away so deeply impressed that he decided to put forward 
this resolution tonight.
  I also thank the chairman and the ranking member of the Committee on 
International Relations, who expedited its consideration on the floor, 
and to the House leadership for including it among the matters 
scheduled this week as we move to the end of the House session.
  Mr. Speaker, with that, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this resolution.
  Mr. Speaker, as we meet today, Iraq has begun to conduct a historic 
election that will select a national government for the next four 
years. Under the Iraqi Constitution approved this past October, the 
government that emerges from these important elections will have 
tremendous responsibilities. It must fill in the many blanks left in 
the Constitution regarding a new social compact for the Iraqi people 
and the sharing of oil revenues among all ethnic groups.
  The creation of a truly independent judiciary is one of the greatest 
and most important challenges that will face the new Iraqi government.
  Mr. Speaker, as we all know, a political settlement that would create 
a stake by all ethnic groups in a unified, peaceful Iraq has to date 
eluded the major political factions in Iraq. In fact, Iraqi society is 
facing a convulsion of violent sectarian conflict and suffering from 
acts of desperate terrorism.
  While the elections now underway may lead to a consolidation of the 
political gains that were made in October, the establishment of an 
independent judiciary is a critical precondition for preserving those 
gains.
  Without an independent judiciary that all members of Iraqi society 
believe will adjudicate disputes fairly, there can be no real peace in 
Iraq.
  Without an independent judiciary that stands up to the rest of the 
national government and defends the new constitution, there can be no 
real new social compact in Iraq.
  And without an independent judiciary that respects the religious 
differences among its people, there can be no real trust of that 
compact.
  Mr. Speaker, as we speak, the nascent Iraqi judiciary is trying 
Saddam Hussein for the horrors of his regime. Based upon his dramatic 
court appearances, Saddam is clearly living under the delusion that he 
can orchestrate a triumphal return by manipulating the court for his 
own political ends.
  This effort will fail and we will see Saddam Hussein for what he is--
a mass murderer guilty of crimes against humanity who never should have 
been accorded respect by anyone in the international community.
  Let us hope that a successful prosecution of Saddam Hussein with all 
reasonable procedural protections will help launch the independent 
judiciary for which this resolution calls.
  Mr. Speaker, I urge my colleagues to support this important 
resolution.
  Mr. Speaker, I have no additional speakers, and I yield back the 
balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield 6 minutes to the gentleman 
from Texas (Mr. Burgess), the original sponsor of the resolution.
  Mr. BURGESS. Mr. Speaker, I thank the gentlewoman from Florida for 
helping us move this legislation expeditiously. Of course, I thank 
Chairman Hyde for his role in that. I thank the gentleman from 
California as well.
  Two years ago yesterday, December 13, 2003, Saddam Hussein was 
captured and his tortured reign was finally and officially and 
completely at an end.
  While that was a significant turning point in this war, we all knew 
the path to a free and democratic Iraq would not be easy. Yet after 
years of oppression and torture, the Iraqi people are growing closer to 
having a nation ruled by their people instead of a nation ruled by 
fear.
  Earlier this year, the passage of the Iraqi constitution marked a 
significant milestone in the recovery of the sovereign nation of Iraq. 
In excess of 60 percent of the people of Iraq braved the terrorists, 
braved the threats of violence to be able to cast their vote.
  Indeed, at 9 a.m. Eastern Standard Time tomorrow morning, the polls 
will close in Iraq and the Iraqi people will have reached another 
historic milestone. Iraqi men and women worldwide are going to the 
polls in droves to be able to democratically elect the nation's first 
permanent constitutional parliament in decades.

                              {time}  2330

  While there will still be hurdles for the Iraqi people to overcome 
today, we celebrate with our friends as they continue to take 
courageous steps in becoming their own sovereign nation.
  Mr. Speaker, a free and democratic Iraq will equal a safer world. And 
for the safety of our own Nation, I firmly believe that we must 
continue to support the sovereign endeavors of the Iraqi people and 
this developing nation. Tonight I rise to speak about an important 
House resolution, H. Res. 534, that enables this body to boldly support 
the governing efforts in Iraq.
  We are all well aware of the current trial of Saddam Hussein; and 
while this trial is important, a strong, independent Iraqi judicial 
system is of even greater importance.
  A crucial component to a free and democratic nation is its judicial 
system in which alleged criminals can be indicted; prosecuted; if 
convicted, punished in a fair and impartial manner. As Members of 
Congress, we have an obligation to uphold and support this principle 
especially in a land that has been inflicted with egregious crimes 
against humanity.
  The Iraqi Special Tribunal has been impaneled to bring swift and 
impartial justice to both the victims and the nation of Iraq, and I 
call on my colleagues to support H. Res. 534, which recognizes the 
importance and credibility of an independent Iraqi judiciary.
  The people of Iraq, the people of a sovereign nation, deserve true 
justice, which can only be obtained through a recognized and credible 
judicial system. The judges, the lawyers involved face daily peril for 
their courageous stand. And we have an opportunity to stand firmly with 
the Iraqi people and support the ongoing trials and efforts of the 
Iraqi Special Tribunal.
  Mr. Speaker, I have had the opportunity, the privilege, to travel to 
Iraq four times during the past 2 years. During every mission, I have 
been able to witness firsthand the progress that is being made by our 
troops on the ground and by the Iraqi Government. Mr. Speaker, I have a 
picture, a picture from my last trip to Iraq in August of this year, 
and I want to point out this was a picture, Mr. Speaker, that I took 
flying over in a Blackhawk helicopter. These helicopters are menacing 
vehicles. They travel low. They travel fast. They have guns sticking 
out the side. I stuck my camera out the window to take a picture, and 
mostly I wanted to take a picture of the satellite antennae that were 
on the rooftops. Of course, satellite television was prohibited under 
Saddam's regime, and, in fact, a year in prison was the punishment, as 
I understand. I took a picture because there were satellite antennae on 
a lot of the rooftops.
  But as I looked at this picture when I got home, I noticed that there 
were two figures on the rooftop. So I blew this picture up 
considerably. And, Mr. Speaker, as we look at this, we can see two 
apparently children standing on the rooftop. The larger child, who 
appears to be a girl, is waving; and a

[[Page 28416]]

smaller, more inquisitive child, which I think is a boy, is sort of 
leaning over and looking at this impressive Blackhawk helicopter going 
over.
  And the girl is waving. She has an expression of absolute joy of 
seeing the helicopter flying over her city. And why would this be? Why 
would she be happy about seeing a menacing Blackhawk helicopter with 
guns sticking out the side flying over her city? Well, Mr. Speaker, I 
submit the reason for her joy is the small boy at her side. The small 
boy at her side is the reason for her joy because this child knows that 
3 years ago, 3 years ago, there is probably a crawl space in this house 
somewhere where this small boy could be hidden if Saddam's 
conscriptionists came down the street trying to find people for his 
army. And that is the reason for her joy. That is the reason why this 
country should rejoice about what we have been able to do for the 
people of this long-suffering nation.
  Mr. Speaker, significant progress is being made, and it is imperative 
that they have our continued support. And today, tonight, we can 
continue to help provide that support through H. Res. 534.
  Throughout our efforts in providing continued support to Iraq, I 
would be remiss if I did not mention the determination, the skill of 
our Armed Forces and their resolution in continuing their mission in 
Iraq. It is due to the bravery and the perseverance of the U.S. 
military members and their coalition allies that the tyranny of Saddam 
is over, over forever. I applaud our troops and our leadership for 
their success.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield 5 minutes to the gentleman 
from Iowa (Mr. King).
  Mr. KING of Iowa. Mr. Speaker, I thank the gentlewoman for yielding 
me this time, and I particularly thank the gentleman from Texas for 
bringing and offering this resolution.
  I am going to include my prepared remarks, Mr. Speaker, because my 
remarks that are here reflect the remarks that have been made by the 
other Members here on this floor, and I wish to associate myself with 
those remarks, and I appreciate the gentleman from California's support 
as well for this resolution.
  And I would rather speak a little bit from the heart, then, about 
some of the things that I saw there having traveled over to Iraq a 
number of times and this last time with Mr. Burgess from Texas. And I 
saw some of that perspective from the Blackhawk as well. And as we flew 
into Baghdad, that was not a rare circumstance. It was not a unique 
circumstance. In fact, I saw numbers of children running out into the 
streets in twos and threes and waving. It did not happen in every 
block, but it happened in a number of the blocks that we saw as we came 
in.
  Not only have I seen that in Baghdad but I have seen that also in 
Mosul. I have seen it in Kirkuk, and I have seen it also in Fallujah, 
Mr. Speaker. And that endorsement of American power and influence and 
liberation and coalition power influence and liberation, that comes 
from the people. And I have watched those Blackhawk helicopters scatter 
their livestock, and the herdsman and women come out and wave with 
great joy to see that influence that has provided their freedom.
  And an essential component of freedom is to have an independent 
judiciary. And I asked for a meeting with the Iraqi Special Tribunal 
because I wanted to get a measure of the men that would be sitting in 
judgment of Saddam Hussein and the other alleged perpetrators of the 
crimes against humanity that we know took place in Iraq over the last 
couple of decades. As we sat in that very hot room and looked across 
that table and I gazed into the eyes of these men, there was a deep 
conviction, a significant amount of courage, a tremendous amount of 
patriotism that is there. They know that their lives are on the line. 
Since that time from about August 18, I believe that date was, we have 
seen this unfold to where we know that there have been already two 
attorneys that have been killed in the process of this trial.
  I stand here on the floor of the United States Congress, Mr. Speaker, 
standing in support and in solidarity of a free and independent 
judiciary for everyone in this world, but particularly those in Iraq 
where it will become the second place on the globe where an Arab can 
get a fair trial, second to Israel.
  And where they sit in judgment now of those alleged perpetrators of 
war crimes, we need to stand with them. We need to send a message 
across that says free and independent judiciary, rule of law are 
essential to freedom, and they have got to be independent of the 
politics that rule also in Iraq. The old Baathist Party, the people 
that are looking to try to bring leverage for one political reason or 
another, we have to hold them separate from that and encourage them to 
stand on that rule of law, which they quoted to me on that hot day in 
that building in Baghdad back last August.
  So I am proud this Congress stands with them, Mr. Speaker, and I 
appreciate the opportunity to present my argument in support of this 
resolution before this Congress.
  Mr. Speaker, I commend my colleague from Texas for bringing this 
legislation forward. As you may know, Iraq's march towards democracy 
has not been easy. They are just now emerging from 24 years of 
oppression and cruel torture under the rule of Saddam Hussein. Now 
thanks to the hard work and sacrifice of American and coalition forces, 
Saddam has been captured. Ironically, he is now receiving the benefits 
of the fair judicial process he denied to so many.
  Last night, I spoke to this House about benchmarks in the progress of 
the new country. In less than three years, Iraq has gone from a nation 
suffering under a ruthless dictator to one with a new constitution and 
only hours away from a democratically elected government. As I have 
heard from numerous American soldiers in and returning from Iraq, every 
day the nation is relying less and less on coalition forces for 
support. At the same time, Iraq is becoming increasingly more capable 
of providing independent government services.
  Mr. Speaker, America stands as a beacon for freedom and justice in 
the world. And the promising nation of Iraq is now demonstrating 
similar compassion and commitment to the rule of law. As such, the 
nation's unbiased judiciary is playing a critical role in its 
development as a democracy.
  Of course, there are those who would like to see Iraq resist freedom 
and return to brutal dictatorship. The terrorists know that the 
formation of a strong judiciary threatens their efforts. In turn, some 
of these terrorists wreak violence against those working to dispense 
justice in Iraq. The judges and other members of the Iraqi judiciary 
who carry on in spite of the terrorists' best efforts are incredibly 
courageous and need to be recognized for their bravery. Despite threats 
to their personal safety, members of the Iraqi judiciary remain 
dedicated to their convictions and continue working toward a better 
nation for all.
  This resolution sends a significant message, recognizing the 
importance and credibility of an unbiased Iraqi judiciary for a new and 
democratic Iraq. I am a co-sponsor of this legislation which will 
encourage our friends abroad who are working so hard to secure a free 
and democratic Iraq. I urge your support of this important resolution.
  Ms. ROS-LEHTINEN. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Reichert). The question is on the motion 
offered by the gentlewoman from Florida (Ms. Ros-Lehtinen) that the 
House suspend the rules and agree to the resolution, H. Res. 534.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. KING of Iowa. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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