Court trials have unintended consequences.
When President Moshe Katsav
was forced to resign over rape allegations in 2007, and to submit to
prosecution, Israel’s enemies throughout the Middle East rubbed their hands with
glee at the sight of his humiliation. For they saw his humbling as Israel’s, and
evidence that its corruption ran right up to the top.
In Egypt, where
president Hosni Mubarak had been ruling for 25 years and had insisted on
maintaining his predecessor Anwar Sadat’s highly unpopular peace treaty with
Israel, his enemies took further encouragement from the Zionist head of state’s
disgrace, and dreamt of something similar happening to their own. Katsav’s fall
was given great prominence throughout the Arab media. Whatever happens in Israel
is always of major interest to Arab readers, as their own countries are usually
hungry for tales of corruption involving their leaders. They rely on Israel
especially for spice in the news; it is rarely surpassed in
Katsav was not the first Middle East head of state to be put on
trial. Four years before Katsav was convicted, the ‘Butcher of Baghdad,’ Saddam
Hussein, was found guilty of murdering 146 Iraqi Shi’ites and was hanged. But
this was only made possible by the US invasion, and nobody, even in their
wildest dreams, could fantasize about that happening to Mubarak; indeed, he was
seen by most of his opponents as a US lackey.
Katsav was convicted on
December 30, 2010, with near certainty of a prison sentence. The story spread
like wildfire through the Egyptian media: “Israeli President Convicted!” The
following night, a Coptic church was bombed in Alexandria, killing dozens of
Once again, Mubarak’s regime had proven incapable of
protecting the country’s second largest religious group, in spite of having all
the powers of a police state. Several families, in anger, refused Mubarak’s
condolences, and his image fell further. Some date the origins of the current
revolution to that event.
For years, the regime had justified its iron
grip on power and lack of democracy by pointing to the constant threat from
Islamist fanatics. Recent elections had been a farce. Many wanted Mubarak
removed, like Katsav.
Two weeks after Katsav’s conviction, Tunisia’s
leader Zine El Abidine Ben Ali fled to Saudi Arabia, following protests caused
by the self-immolation of humiliated vegetable trader Muhammad Bouazizi in
December. Ben Ali was later tried and convicted in absentia. Egyptian protests
intensified, and Mubarak himself was toppled and put on trial – the elderly,
ailing tyrant, incarcerated on a hospital bed in a cage.
had become reality. The quintessential paradigm of durable authoritarianism is
now being tried in persona.
WILL MUBARAK’S trial, in turn, hasten the
fall of other Muslim leaders? Muammar Gaddafi has shown total, albeit grudging,
compliance with Western wishes in the past to avoid that fate. He told us years
ago that it was the sight of the humiliated Saddam Hussein, his teeth being
examined like a horse’s, that persuaded him to give up Libya’s nuclear weapons
program. How have we Westerners rewarded him for this most valuable of
sacrifices? We have bombed and blasted him. He has said he prefers to die rather
than leave his country. This seems to me entirely credible. He will not allow
himself to be taken prisoner and put on trial.
Bashar Assad has been so
frightened by the Mubarak trial that his media have totally ignored it, even
though it is the most sensational trial in Arab history. He will fight tooth and
nail to avoid meeting the same fate. The chances of his peacefully stepping down
As for Mahmoud Ahmadinejad, many Iranians would be happy
to see him on trial as well. But unless Supreme Leader Ali Khamenei moves
against him, he will stay put as president and continue to use all means –
however bloody – to suppress even a hint of opposition to the two of
For all of these still-sitting presidents, Mubarak’s (and to a
lesser degree, Katsav’s) continuing trials will intensify their resolve not to
Expect more repression.
The writer is an
international lawyer who has organized asylum for the opponents of many Arab
regimes, and is a frequent commentator on North African and Islamic affairs.
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