The World Finally Speaks At Karbala Tribunals

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The World Finally Speaks At Karbala Tribunals Author:
Translator: Jerrmein Abu Shahba
Publisher: www.al-islam.org
Category: Imam Hussein

The World Finally Speaks At Karbala Tribunals
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The World Finally Speaks At Karbala Tribunals

The World Finally Speaks At Karbala Tribunals

Author:
Publisher: www.al-islam.org
English

The Fourth Court Session

First Tragic Scene: “Beginning of The Sad Journey”

Chief Justice: Court in order. Mr. Prosecutor, you may continue presenting your evidence. (The awe-inspiring prosecutor stands up with confidence, faith, and tranquility while his eyes shine with an extraordinary light having a characteristic look which indicates determination and certainty).

Prosecutor: Your Honor, respected judges, and respected jurors… Al-Husayn ibn ‘Ali (as) left Makkah only one day before the rituals of Hajj was to start due to the conspiracy plotted against his life as we mentioned before and as cited in Tarikh Al Tabari. He left heading towards Iraq after he received multitude of letters from the people of Al-Kufa inviting him to come so they can support, protect, and provide him a safe haven and this is cited in all of the historical texts in front of you. He did not want his blood to be shed in the Sacred House of God in Makkah and he said, “To be killed in Iraq is better to me than being killed in Makkah.”

Al-Husayn (as) went out with his women, children, and 82 men from his family, relatives, companions, and supporters in a civilian caravan that did not have any soldiers, military equipment, or preparations for war. The sad journey commenced from Makkah in Hijaz to Al-Kufa in Iraq.

When the First defendant Yazid learned of the leniency of the people of Al-Kufa towards Al-Husayn (as) and their letters to him, and when he knew the arrival of Muslim ibn Aqeel to Al-Kufa, who was the ambassador sent by Al-Husayn to verify the authenticity of its people books to Al-Husayn and the seriousness of their commitment to support him…

Yazid then decided to appoint the Second defendant Ubaidullah ibn Ziyad as the governor of Al-Kufa in addition to Al-Basra which he was already governing. Yazid particularly chose the Second defendant because he was known for his rough personality, toughness in ruling, and his thirst for bloodshed and lack of morals or principles, whether religious or humanitarian. Yazid wanted to benefit from these traits in the Second defendant in order to regain control over Al-Kufa and stand up against Al-Husayn (as). This has been confirmed by all the history books which have been approved by the defense team.

Ubaidullah ibn Ziyad, the Second defendant, is the son of Ziyad who is referred to as “the son of his father”. Ziyad was an illegitimate half-brother of Muawiya. The father of Yazid, Muawiya, later acknowledged Ziyad to be his biological brother, which was in contrary to the laws of Islam. This outlawed action by Muawiya stirred a lot of resentment and opposition from the companions of the Prophet (S) and the scholars. But Muawiya did not care because he wanted to use the skills of Ziyad ibn Abeeh in oppression and blood-shedding to follow, persecute, and kill the Shias (followers) of ‘Ali ibn Abi Talib (as) in Al-Kufa and Iraq...

Defense: Objection your Honor, this type of talk violates the sanctity of lineages and family reputation which is not acceptable at all and is irrelevant!

Prosecutor: Your Honor, it is imperative to address and clarify this issue so that the respected judges and jurors can understand the nature of the relationship between the Second defendant and the First defendant, and to realize why the Second defendant submitted with all sincerity to carry out the desires and orders of the First defendant.

Chief Justice: Objection overruled, you may continue Mr. Prosecutor.

Prosecutor: As I mentioned, the Second defendant then, is the cousin of the First defendant and they share the same grandfather who is Abu Sufyan. Muawiya, the father of the First defendant had done a favor to the father of the Second defendant by publicly recognizing him to be his biological brother. It was a decision which the First defendant could easily nullify at any time, and if that were to happen, the image of the Second defendant would be degrading and dishonoring since he would become one who has no lineage.

This explains to us the blind obedience of the Second defendant towards the First defendant and his sincerity in carrying out all his orders without hesitation out of fear that the First defendant may withdraw his acknowledgement of him as his cousin. If that were to happen, he would return back to the life of misguidance and loss of lineage which is a great shame among Arabs.

In order to clarify the matter further, I present to you the following historical document which is a letter written by the First defendant Yazid to the Second defendant Ibn Ziyad appointing him as the governor of Al-Kufa in addition to Al-Basra.

This document is cited in Maqtal Al-Husayn Lil Khwarizmi Al Hanafi, Tarikh Al Tabari, Tarikh Al Ya’qoobi, Tarikh Ibn Al Atheer, and they are all references approved by the defense team. This letter is one of the most important evidences that we present to you against the First and Second defendant, and I request for it to be added to the record. The letter reads:

“From the servant of God, Yazid Ameer Al Momineen to Ubaidullah ibn Ziyad…Peace be upon you. He who is praised may be scorned one day, and he who is scorned may be praised one day. You have what you have and what is against you is against you. And you have been promoted to the highest position.

I have been informed that the people of Al-Kufa have written letters to Al-Husayn inviting him and that he has left Makkah heading towards there. From all times, your time has been tested with Al-Husayn. From all towns, your town has been tested with Al-Husayn, and from all governors, you have been tested with Al-Husayn! You better kill him or else you will return to your old lineage and to your claimed (unreal) grandfather Ubaid! So beware that you lose him! If you achieve this mission, you will be free, or else you will become a slave like any other slave! My supporters in Al-Kufa have informed me that Muslim ibn Aqeel is gathering supporters and disuniting the Muslims.

A great number of people from the followers of Abi Turab (‘Ali ibn Abi Talib) have responded to his call. So when you receive this letter, go straight to Al-Kufa and regain control over it. I have added it to your governorship in addition to Al-Basra. Go after Muslim ibn Aqeel and when

you arrest him, take his pledge of allegiance or kill him if he refuses. You have to know that I will not accept any excuse so hasten and hurry up and do what I ordered you! Wasalam.”

Ladies and gentlemen, as you see this letter stands as clear evidence which proves that the First defendant directly ordered his governor the Second defendant to kill Al-Husayn, without any doubts! The order to kill which was issued to the governor in Al-Madina is the same one that was issued to the new governor in Al-Kufa!

And the target is the same person, Al-Husayn (as) and this proves that the first order in Al-Madina was not simply just a threat or just for terrorizing as the defense claims. Since the First defendant has failed to accomplish the killing of Al-Husayn (as) in Madina and then in Makkah, now he is issuing the order to his new governor in Al-Kufa to kill Al-Husayn (as) without negotiations or peace talks.

Rather, killing is the ultimate goal and this clearly proves what Al-Husayn (as) was always certain of, that the goal is to kill and get rid of him, so that the First defendant can freely practice a totalitarian dictatorship without any opposition or protest or change.

Furthermore, the First defendant here directly threats the Second defendant that if he doesn’t follow his instructions, he will then withdraw the acknowledgement of the biological relationship which Muawiya gave to his father, and as a consequence, Ibn Ziyad would return back to the unknown lineage and the shameful origin.

Yazid knew very well that this is indeed what the Second defendant fears the most and would therefore do anything asked of him in order not to disappoint the First defendant.

If we come to know that the Second defendant was well-known for his tyranny, oppression, and bloody-thirsty dictatorship style and bloody personality as a ruler and governor, and if we add to that his fear of the threat of the First defendant, we can then predict how this fear will be converted into a destructive and violent force that knows no limit to please his master, the First defendant.

Furthermore, take a look at how the First defendant urges the Second defendant not to have mercy and to be tough on the Shias (followers) of ‘Ali ibn Abi Talib (as) in Al-Kufa and to kill the ambassador of Al-Husayn in Al-Kufa, Muslim ibn Aqeel. It is no wonder then that the Second defendant Ubaidullah ibn Ziyad immediately left to Al-Kufa after he has received that letter to carry out the mission and obey the orders of the First defendant with all aggression and violence.

As soon as he arrived in Al-Kufa, a wave of terror, killing, imprisonment, mutilation, and torture began and heads were severed by orders of Ibn Ziyad. Crucifixion started and limbs as well as tongues were cut off. Confiscation of money and property, and fierce persecution took place to all those accused of supporting Al-Husayn or opposing the First defendant, even if there’s just a slight doubt. It also included those who failed to obey the orders of the new ruling tyrant oppressive authority.

The innocent victims fell dead one after the other and among them were Maytham Al Tammar, Hani ibn ‘Urwa, Muslim Ibn Aqeel, Abdullah Ibn

Yaqtor, Abd Al Alaa Ibn Yazid Al Kalby, Imara ibn Salkhab Al Azadi, Qays ibn Meshar Al Saidawi, and Abdullah ibn ‘Afeef Al Azdi and others. That’s not to mention those who were being tortured in prison and those who escaped or who were exiled. All this happened in a very short time which set the stage for the great massacre planned to take place against Al-Husayn (as) and his companions in obedience to the direct orders of the First defendant.

Afterwards, preparations were made to recruit and equip the military forces and prepare them to fight Al-Husayn (as) and kill him. This was not an easy task to accomplish in Al-Kufa especially considering the many supporters of the household of the Holy Prophet (S) who inhabited that city, and Al-Husayn (as) was the only one left from that household of the Prophet (S).

Chief Justice: Court will now take a 30 minute recess and will resume afterwards.

Second Tragic Scene: “The Defense Defends”

Chief Justice: The defense team, would you like to comment on what the prosecution presented so far?

Defense: Yes, your Honor.

Chief Justice: You may proceed.

Defense: You Honor, respected judges and jurors. The Prosecution insists on twisting the events and incidents to draw the picture which he wants you to see and believe, and he resorts to exaggeration and over-estimation! It is very natural for my client, the First defendant, who has actually become the ruler of the nation, to prevent any division from happening. It is logical for him to fear mischief especially since the enemies of the Islamic state during that time were many, both internally and externally, and were waiting for any opportunity to inflict harm.

Those who seek to create mischief and take advantage of it are waiting for the right opportunity to strike and induce instability. It is the job of any ruler to maintain the regime and secure its stability and security, especially in the beginning of a change in power. This made Yazid ibn Muawiya appoint a strong governor who is capable of putting an end to the mischief and division in Al-Kufa and to protect the unity of the nation as a whole.

Hence, the Second defendant Ibn Ziyad was appointed by Yazid for this mission, but Yazid did not tell him to kill the innocent or punish a person without charge. He left the matter to the judgment of Ibn Ziyad to figure out the method which he sees fit and necessary to stop the mischief before it breaks out. This is a natural action which any new ruler in his place would take if he faced what my client faced. If he did otherwise, he would then be negligent of the state affairs as well as its people. I’ll now hand it over to my colleague, the lawyer of the Second defendant to speak representing his client.

Second Lawyer: (A thin, bearded man stands up with a frown on his face and a look of concern). He says:

Your Honor, respected judges and jurors…The only fault of my client Ubaidullah ibn Ziyad is that he was a governor with strong character who placed the interest of the nation and its unity above anything else. This is

actually a positive thing on his behalf and not against him. At the end of the day, he was only carrying out the orders of the higher authority and you saw for yourself the letter addressed to him by the First defendant Yazid ibn Muawiya, the Caliph of the Muslims.

So he went ahead and obeyed the orders issued to him without paying heed to the critics or blamers. He is like a soldier who obeys the orders of his commander; so what responsibility lies on him after that?!

And when he arrived to Al-Kufa, he found a state of chaos and revolt against the state and the legitimate Caliph. How do you expect for him to act in such a case?! He acted in a way which any governor in his place would’ve done in such circumstances which he faced. There was no other way to face the situation and stop the revolt against the legitimate government. Thank you your Honor.

Chief Justice: Prosecution, would you like to comment on what the defense stated before resuming the presentation of your evidences?

Prosecutor: Yes, your Honor. Dear ladies and gentlemen, respected judges and jurors. I will briefly respond to the defense in the following points:

First: We present to you the events and incidences as it happened and was narrated in the books of history and the approved references, as well as the historical documents. So we are not twisting any event, nor are we trying to draw pictures; rather, we leave that for you to judge as it is your job and role. We are only helping you through presenting the historical events, documents, and facts to identify and locate where the truth is, then you can decide whether to convict the defendants or not.

Second: If we accept the logic of the defense in justifying the actions of the First defendant that it was for the sake of preserving the security of the government and maintaining the stability of the regime, then we are also justifying the actions of Hitler, Mussolini, Stalin, and other world dictators. They too used the same logic to defend their injustice and tyranny against their own people.

How is that acceptable! And would humanity accept this justification? If we were to accept that, then we would be opening the door wide open for every tyrant in the future to use that same excuse in justifying his oppression against his people, with the pretext that he is protecting the security and stability of the government!

Third: When the First defendant Yazid appointed the Second defendant Ibn Ziyad to become the governor of Al-Kufa, he did not appoint him because he was decisive and capable. Rather, Yazid chose him because he knew very well that Ibn Ziyad was a bloody man and reckless killer without any conscience or compassion or mercy or any religious or moral values. That is why Yazid did not ask him to follow a specific policy because he knew that Ibn Ziyad would act by his bloody and barbaric nature which he was known for. Hence there was no need for him to give instructions as he knows his way very well.

Despite that, Yazid directly ordered him to kill Al-Husayn (as) as well as Muslim Ibn Aqeel and that is clear from the letter. As for the mischief which the defense mentioned, the First defendant was the one responsible of

it due to his oppression, tyranny, and his insistence to take the power illegally without any opposition and without the legitimate process of the Islamic state.

Yazid stirred mischief by his decision to kill Al-Husayn in Al-Madina if he refused to give his pledge of allegiance. This decision led to the sequence of events after that. So Yazid was responsible for the mischief / fitna, if we gave it that name, while it was really a revolt and rebellion against an oppressive and tyrannical regime which has lasted for 20 years with the father, and now it would continue with the son!

Fourth: As for the claim that Ibn Ziyad, the Second defendant placed the interest of the state and its unity over everything, that is surely the distortion of the truth and an attempt to draw a fake picture to deceive you. A person who is truly concerned about the unity and best interest of the nation should first and foremost be concerned to have a just, fair and qualified head of the state, one who is accepted, legitimate, and loved by the people. Now, was the First defendant Yazid such a person?

Verily, a just, legitimate, and wise head of the state is the only guarantee to maintain the unity and security of a nation. And an unjust, oppressive, and foolish ruler is the one who pays no heed to the interests of the nation and instead disrupts its unity and spreads division and mischief.

Therefore, the support of the Second defendant to the First defendant was totally against the best interest and unity of the nation. Ibn Ziyad only cared to take hold of many high positions in the government and gain the trust of oppressive rulers like him so that he continues to be in power over the helpless and oppressed people. That was his aim even if the price for that was the bloodshed of hundreds of people and the beheading of many heads. He is no different in that than Himmler, Goring, Gobbles, and others like them who serve the oppressors and the dictators!

Fifth: The defense claims that Ibn Ziyad was like a soldier who obeyed the orders of his commander-in-chief and is therefore not responsible of anything, and that the First defendant is the only one responsible….at the same time the lawyer representing the First defendant tries to throw the responsibility on the shoulders of the Second defendant claiming that Yazid did not order him to kill Al-Husayn (as).

This is a huge contradiction in the lawyers’ argument which is intended to confuse you and shift the responsibility between the two defendants till it becomes lost. Each one throws the burden of accountability on the other, and this is a well-known defense tactic which lawyers have used in past trials such as Nuremberg, Saddam Hussein, and Milosevic and other war criminals, and you cannot be fooled by it.

Sixth: As for the claim that Ibn Ziyad found a state of rebellion in Al-Kufa, yes that is true, but what is the reason behind that? It was certainly due to the injustice and the oppression of the new tyrant ruler; hence it was a legitimate rebellion. Now, is it proper to face this state of rebellion by implementing the policy of “iron and fire”? Or is it better to be calm, resort to dialogue, implementing justice, reform, and to take the side of the oppressed, even if that meant facing the unjust tyrant in Damascus?

In other words, the Second defendant should have refrained from accepting that new post if he is not able to handle it, and that is the least that one can do. However, the Second defendant chose to stand with and support the injustice against justice, falsehood instead of truth, and to be with the oppressor instead of the oppressed. This is very natural for him and an expected thing from him to do, keeping in consideration his bloody and unjust personality that goes after its ambitions and aspirations of attaining power and authority!

Defense: Objection your Honor, on resembling the defendants with historical figures such as Hitler, Mussolini, Goebbels, Himmler, and others! This talk is intended to influence the judges and jurors.

Chief Justice: Objection sustained. I request the jurors to disregards these resemblances. Mr. Prosecutor, you may continue your presentation.

Prosecutor: Your Honor, respected judges and jurors. We present to you the following document in response to the false claims of the defense. This letter was sent by the Second defendant Ibn Ziyad to his master the First defendant Yazid after concluding the first wave of terror in Al-Kufa.

He desired to send some of the heads of the victims to Damascus in order to win the pleasure of Yazid, the First defendant, and among those heads were the heads of Muslim ibn Aqeel and Hani ibn ‘Urwa. Ibn Ziyad sent these heads with two of his devils, Hani ibn Hayta Al Wada’ey, and Al-Zubair ibn Al Arwah Al Tamimi.

He sent along with them the following letter which is available in front of you and I’d like to include it in the record with the other evidences. As cited in Tarikh Al Tabari, Maqtal Al-Husayn Lil Khwarizmi, Tarikh Al Mas’oodi, Irshad Al Mufeed, Tarikh ibn Al Atheer, Maqtal Al Talibeyeen, and Tarikh ibn ‘Asaker, the letter reads:

“To the servant of Allah, Yazid Ameer Al Momineen (Commander of the Believers)…from Ubaidullah ibn Ziyad. Praise be to Allah who gave the right to Ameer Al Momineen and protected him from his enemy.

I inform Ameer Al Momineen that Muslim ibn Aqeel have sought refuge in the house of Hani ibn ‘Urwah Al Muradi. I have sent spies on them and conspired against them until Allah (SWT) enabled me to arrest them, I then beheaded both of them and sent their heads with Hani ibn Abi Haya Al Wada’ey and Al-Zubair ibn Al Arwah Al Tamimi and both are among the followers of the Prophet’s traditions and the company (Ahl Al Sunna Wal Jama’a) who are obedient to you. So you can ask them what you wish because they are knowledgeable, truthful, and righteous. Wasalam.”

Ladies and Gentlemen, see how the severed heads are being transported from city to city! What type of rulers are they and what legitimacy they have?! Here, the Second defendant Ibn Ziyad is explaining the method by which he conspires against his enemies.

Now are these methods honorable and is it acceptable by the Islamic religion or any other religion? Furthermore, he confesses that he issued an order to kill and behead without trial! Now do you see him mentioning anything in his letter about the best interest of the nation or its unity, as the defense claims? All what we observe is detestable flattery and sweet talk from the Second defendant to the First defendant as he tries to please him by

cutting the heads of his enemies and sending it to him! What’s strange is that he actually describes those who are carrying and transporting heads of the Muslims from city to city as knowledgeable, trustful, and righteous! What type of knowledge, righteousness, or truthfulness is that?!

When the letter arrived to the First defendant along with the severed heads, he became happy and ordered that the heads be placed and displayed at the gates of Damascus to terrorize anyone who even thinks about revolting or rebelling against him in the future. Now is this the just ruler who was chosen by the people and who is concerned about the welfare of the state? Is this the way to prevent mischief and maintain the order and stability of the state, as the defense claims?!

The First defendant sent a letter in response to the Second defendant’s letter thanking him and congratulating him on a job well done and urging him to shed more blood. Here we present to you the text of this letter as it was cited in the previous references. We request that this also be included in the record. The letter reads:

“You did what I liked, and you have done a great courageous job! You have fulfilled my expectations and confirmed my opinion about you. I have questioned your messengers and found them to be as you described. I have granted ten thousand dirhams (the currency at that time) to each of them. So take good care of them. It has come to my attention that Al-Husayn ibn ‘Ali has headed towards Iraq. So send your spies, patrol guards, and keep your eyes open. Imprison anyone you suspect, kill those who are charged, and update me every day in this matter.”

Respected judges and jurors, you now see how the head of the Islamic nation congratulates his governor for shedding blood of the innocent and severing heads without any fair trial or even the simple right to defend oneself! He blessed the acts of his governor and encouraged him to do more of the same. He makes him believe that this will bring him more satisfaction.

He urges him to be prepared to fight Al-Husayn (as). In the end, he reminds him of the pillars on which his regime and that of his father before him was built on. It is the pillars of oppression, tyranny, dictatorship, aggression, and bloodshed! This was represented in his expression, “Imprison anyone you suspect, kill those who are charged.” So, mere doubts were enough for anyone to be imprisoned, punished, tortured, tongues severed, and limbs amputated!

If you are simply charged with supporting Al-Husayn (as) and not supporting the First defendant, you will get executed immediately, beheaded, and your severed head will be sent to Damascus where the Caliphs are waiting to enjoy hanging more heads on the gate of Damascus! These were the laws and instructions of the tyrant ruler as he wrote down to his governor the Second defendant.

So, is there any wonder after that why Al-Husayn (as) refused to give his pledge of allegiance to such an oppressive ruler to govern a state that was built on a divine religion which calls for justice, mercy, equality, fairness, and recognizes human rights in an honorable and respectable way!

A religion that prohibits killing; except for a death sentence for a killer that comes after a fair and just trial and after following the principle, “No guilty verdict in the presence of reasonable doubt.”

Now are there any principles left in this religion under the governorship of this reckless tyrant Caliph?! Didn’t this religion descend from the heavens to eradicate such types of rulers at any time and place? Sure it did, then how did a person like Yazid take the seat of rulership of a state built essentially to get rid of people like him?

This is indeed a great wonder and irony! And I feel sympathy to my colleagues in the defense team how they can defend this great deviation and overturn in history such that an oppressive ruler was able to take the seat of rulership on a nation which calls for establishing justice and supporting the oppressed against the oppressive rulers?

Suddenly, such nation became a victim itself for one of these oppressive rulers. Or let us say…the worst of them! To be an oppressive ruler in an oppressive state or a regular state, this is understandable. But what is not understandable and totally reversed and surprising is to be an oppressive ruler on the top of a divine, religious, and just state! For an oppressive caliph to rule over a just and disciplined nation…that is surely the reversed situation and the biggest of ironies!

Chief Justice: I think everyone needs some rest and would like to stop here, so I will call for dismissal so that we resume next Monday at 9AM sharp. Thank you, court is dismissed.

The First Court Session

First Tragic Scene: “The Beginning”

Today the world witnesses a great and extremely important and serious international event which marks an outstanding beginning in history. Today, a court tribunal will commence in the city of Vienna, Austria, and this is truly one of the most extraordinary and bizarre tribunals to ever take place. Or let us say it is the trial of the age or the mother of all trails!! It is the trial of the killers of Imam Al-Husayn ibn ‘Ali ibn Abi Talib (as) and those who are responsible of the massacre which took place on the plains of Karbala, on the 10th day of Muharram, in the year 61 A.H.

The reason for the peculiarity and astonishment is because for the very first time in history, a court tribunal is set to try individuals for a crime that has been committed hundreds of years ago. Its perpetrators and victims have passed away long time ago. The world has not yet witnessed a scenario like that in the past, and this will, without a doubt, be a great event that will stand as an example and model in the future.

Verily, justice knows no place or time, and it will surely prevail even after a long delay or time lag. Who called for the setting of this tribunal and sponsored it is an association called “Justice for the Martyrs of Karbala.”

This association, in addition to the Human Rights Organization and the United Nations, has collectively taken charge of coordinating and setting this tribunal without interfering in its procedures or decisions. As its organizers say, the goal of this tribunal is to educate the whole world of the heinous crimes, tragedies, atrocities and calamities which took place in Karbala.

The aim is also to expose the perpetrators of these crimes, and to submit the clear-cut proofs and evidences against them which lead to their convection. The whole world is then left to judge them, and judge their crimes which they had committed in Karbala since more than 14 centuries ago.

It was initially decided that the court sessions will be held in the holy city of Karbala which witnessed the tragic and bloody events. However, due to security concerns and religious sensitivities and for the sake of having a more universal, unbiased, and transparent court trial, the organizers decided to hold the court proceedings in the Austrian city of Vienna. Vienna is centrally located in Europe and enjoys a high level of freedom, security, beauty, and the resources to organize such an event, as well as an advanced level of telecommunications that makes it feasible to have live broadcast of all the proceedings directly to all parts of the world simultaneously.

This way the greatest number of people across the globe can follow the events of this unique court tribunal. Furthermore, a new satellite channel has been especially set up for this purpose at a high cost which the devotees of Imam Al-Husayn (as) have donated from all over the world. This of course is in addition to other local and satellite channels everywhere.

Twelve judges representing the six continents of the world were chosen for this trial two judges representing each continent. These judges were carefully selected by the UN War Crimes Tribunal in The Hague. They are

well known for their competence, proficiency, and neutrality, as well as high level of technical expertise in their field globally. It has been decided that the court will follow the jury system as it is currently applied in the US, England, and Australia, with one difference. The judges will also have the right to vote alongside the jurors in reaching a final verdict of“guilty” or not“guilty” .

The panel of jurors has also been carefully selected and their total number is 100; 75 men and 25 women who represent all people and ethnic groups across the globe. This number of jurors is exceptionally high and unprecedented in any other court case.

Their selection took place after a long and tough search which the judges, prosecution, and defense teams all participated in. Among the criteria for their selection is the lack of prior knowledge of the tragedy of Al-Husayn ibn ‘Ali (as) nor of what has happened in Karbala. The panel of jurors was selected from different age groups, educational, social, and religious backgrounds.

As for the defense team, it is composed of a group of Muslim radicals who believe in the purity of the early Muslims (Salaf Al Saleh) and their followers (Tabe’een). They believe in their cleanness as well as the innocence of those defendants accused of the crimes of Karbala who, according to them, are among Al Salaf Al Saleh.

For that reason, they took the initiative to defend the perpetrators since they believe that these defendants are sacred religious figures who should not be tried. And even if they did sin, it is not permissible to hold them accountable for their sins or accuse them because of their good intentions. Thus, according to the perspective of the defense team, those perpetrators are innocent in any case and God alone is the one who will hold them accountable, not the humans.

As for the prosecution, it is composed of a group of lawyers and former judges from different ethnic backgrounds and religions. What they all have in common is their love and admiration to the personality and the cause of Imam Al-Husayn (as), and the great impact and effect upon them to what has happened to him and his family in Karbala. They were determined to present the case to all mankind and to attain a universal verdict convicting the perpetrators of the inhumane crimes of Karbala.

Perhaps this could be the beginning that will set the stage for other court cases of historical events and incidents in which crimes against humanity has been committed and left behind many victims, while the perpetrators of these heinous crimes walked free and escaped justice in this life and the time has finally come to serve some justice for the victims and the oppressed ones of these crimes.

Second Tragic Scene: “The Indictment”

Since early morning, a big crowd gathered around the huge courthouse which is located at the downtown of the Austrian capital, Vienna. The security arrangements are strict, but without creating troubles or traffic problems. Everything is well-organized, the city is beautiful, the sun is shining, and the weather is a bit cool.

The time has been set for the First court hearing of this historical trial to take place at 10AM sharp. The doors are to be opened at 9 AM and the attendees can begin to enter and be seated. There are big numbers of media correspondents and journalists (representing local and international press and TV channels) carrying their cameras and equipment. There are many TV live broadcast trucks.

At 9AM sharp, the doors opened and attendees started entering the courtroom in a very organized manner. The media representatives have their reserved seats, as well as the audience and spectators who are directed to their seats by certain ushers. There is no disruption or commotion despite the great number of attendees, and the security procedures are proceeding smoothly and easily. Silence and organization are the main elements of the courtroom as if the whole event is under the direct supervision of angels, not humans.

Back doors were reserved for the entrance of judges, court officials, both prosecution and defense teams, jurors, and international spectators. Huge TV screens were set up in the public squares surrounding the courthouse so that viewers can follow the court events directly. The court proceedings would also be broadcasted live in different languages including Arabic, German, English, French, Italian, Spanish, Russian, Urdu, Farsi, Chinese, Japanese, in addition to many other languages so that people all over the globe can follow closely this great and important event live, minute by minute, regardless of their location or language.

Displaying of anything which may influence the judges or jurors has been prohibited, things such as slogans, pictures, banners, extra-ordinary clothes, etc.

A defendant cage has been placed between the seats of the attendees and the bench of the judges. This cage contained five seats inside it. One seat was located at the front, followed by two seats behind it which is also followed by other two seats. A dummy which is completely covered by a white cloth was placed on each of these seats.

A huge banner was posted over the head of each dummy. The banner carried a name that was clearly printed in several languages. Each dummy is representing one of the defendants in this court case.

The seat located at the front of the cage had a covered dummy which carried a banner above it with the name“Yazid ibn Muawiya ibn Abi Sufyan” in several languages. Behind it on the right was a covered dummy with a banner above it which read“Obaidullah ibn Ziyad” in several languages. To its left was a covered dummy which was named“Umar ibn Sa’d” also in several languages.

Behind it to the right was a seat with a covered dummy which carry the name“Shimr ibn Dhil Jawshan” in several languages. And to its left was a covered dummy which had the name“Hurmala bin Kahel” also in several languages. Court guards stood at each corner of the defendants’ cage with serious expressions while they wore their official uniforms.

Ten minutes before 10AM, an announcement was made in different languages via speakers that everyone should be seated so that the historical court trial would begin its first court session in ten minutes. The guests were

asked to wear their headphones to listen in the language of their choice and all were requested to maintain silence and abide by the court rules which were clearly displayed on a big screen behind the audience.

The defense team started entering and took their allotted seats. They were nine in number from different ethnic backgrounds and all of them had long beards and signs of prostration on their foreheads. After that, the prosecution team entered and they were composed of five members, one of them was a lady wearing Niqab (complete veil). They also took their seats allotted for them.

At 10AM sharp, the sound of a hammer knocking came from speakers and the bailiff entered in his official uniform and he announced that the court is in session. He requested that everyone stand up out of respect to the judges. Everyone stood up and the twelve judges began to enter, clad in their black gowns. They seemed from different ethnic backgrounds and were headed by the Australian Chief Justice who was selected to head and supervise the trial. He looked in his late 60’s and he had white hair and white beard.

His complexion was pinkish and he wore eyeglasses and looked kind-hearted and laid-back, but he seemed to have a sense of determination and strict. The judges took their seats on the bench and seated in the middle was the Chief Justice, the Australian judge who signaled for all to sit down. Then he announced in a calm voice the commencement of the first court session and ordered that the panel of jurors enter and take their seats. Then he said:

Chief Justice: Today we commence the First court session of this historical and unique trial which I think will not be the last one. Many centuries have passed since the crime that is being looked upon took place, and the defendants in this case are being tried in their absence as they have passed away from this world many centuries ago.

The whole world is watching us with excitement and interest. I hope that this trial will be professional, subjective, and unbiased so that we reach the truth through the facts and incidents which truly took place, not what is said as rumors. I must mention here the well-known rule which states that the defendant is innocent until proven guilty beyond reasonable doubt. So, it is the duty of the prosecution to prove to us that the defendants are guilty and at fault beyond reasonable doubt.

The burden falls on the prosecution team to prove that, and the defense team has all the right in discussing, challenging, and refuting all the evidences and witnesses that the prosecution presents. In the end, the final word is for the jurors along with the judges to decide the guilty verdict or not. I request that everyone abide by the rules and regulations of this trial which are posted on the screen behind you and have been unanimously approved.

I also ask that you maintain complete silence and discipline regardless of the emotions or reactions that may come to surface with the events of this trial. Let’s start it, I request that the Secretary of the court recite the indictment in a clear and loud voice…you may go ahead. (He turns his head towards the Court Secretary)

Court Secretary: (recites the indictment)

Your honor, respected judges and jurors…

First: On Friday, the 10th day of Muharram, year 61 A.H. according to the Islamic lunar calendar which coincides with October 9th, 680 A.D., the following defendants had committed war crimes, mass murder and crimes against humanity:

1. Yazid ibn Muawiya ibn Abi Sufyan

2. Ubaidullah ibn Ziyad ibn Abeeh

3. Umar ibn Sa’d ibn Abi Waqqas

4. Shimr ibn Dhil Jawshan Al Dababi

5. Hurmala ibn Kahel Al Asadi

First and foremost, the above defendants planned, coordinated, and participated actively and collectively in the:

A. Encircling and arresting of a civilian caravan in the area of Karbala in Iraq, and preventing the travelers in this caravan from reaching the water despite their knowledge that in this caravan there were women, children, elderly, and unarmed civilians.

B. Rejecting all attempts of peaceful resolutions of the conflict, and the insistence on using military and armed forces.

C. Attacking the small civilian caravan by a strong, well-armed, and well-equipped army that is big in number, despite the lack of equality in strength, using excessive force which led to this heinous and horrific human massacre.

D. Issuing orders to kill children and infants using arrows and carrying out that without any compassion or mercy.

E. Beheading the victims, mutilating their bodies and looting them, and refrained from burying the dead bodies. All that took place in front of the families of the victims and their children.

F. Setting on fire and burning tents and shelter of the women, children, and the sick and injured, after stealing and looting their belongings.

G. Taking the women, the children, and the sick people in captivity. Mistreating them by hitting, looting, and torturing which led and caused the death of some.

H. Terrifying and terrorizing the children in captivity which led to death of one of them.

I. Parading and displaying the captives and the severed heads of the victims in a festive march and rally throughout the cities and villages until they reached Damascus in Syria.

Second: Each of the five aforementioned defendants individually and personally committed mass murder, crimes against humanity and war crimes on the specified date as follows:

1) YAZID IBN MUAWIYA , the Umayyad ruler over the Islamic state. He is charged with:

A. Issuing orders to chase and kill Imam Al-Husayn ibn ‘Ali ibn Abi Talib (as) which forced Imam Al-Husayn to leave his homeland city against his own will to seek refuge at a safe haven along with his family and children.

B. Issuing orders to his governor in Iraq, the Second defendant, to fight the civilian caravan that carries Imam Al-Husayn (as) and his family, and to do so without neglect or leniency.

C. Issuing orders to behead the bodies of the dead victims and carry them to Damascus.

D. Issuing orders to take the women and children in captivity and bring them to Damascus.

E. Issuing orders to organize ceremonial and festive celebrations to demean, disgrace, and maltreat the captives

F. Directly ordering the terrorizing of a female child in captivity which caused her immediate death.

2) UBAIDULLAH IBN ZIYAD , Governor of Al-Kufa and Al-Basra. He is charged with:

A. Preparing a big army to face the small civilian caravan with prior knowledge that it contains women, children, and elderly and that it is an unequal match.

B. Rejecting all attempts to make peace and reconciliation. Insisting to attack a civilian caravan and using excessive force.

C. Issuing orders to arrest the civilian caravan and prevent them from reaching the water, knowing well that it includes women, children, and sick people.

D. Threatening and killing all those in his army who refuse to obey his inhumane orders or hesitate to carry out the war crimes, and forcing the soldiers to do so.

E. Issuing orders to behead the dead victims and to mutilate their bodies and bring their heads to him.

F. Issuing orders to take the women, the children, and the sick people as captives, and to mistreat them.

G. Directly and intentionally causing the death of two children among the captives.

H. Issuing orders to march the captives in the worst of conditions in ceremonial parades from Al-Kufa in Iraq to Damascus in Syria, which caused great harm to the women, the children, and the sick.

I. Issuing orders to carry the heads of the victims on raised spears from Al-Kufa to Damascus, in front of their families in such an inhumane and horrendous manner.

3) UMAR IBN SA’D IBN ABI WAQQAS , Field Commander of the Army. He is charged with:

A. Directly commanding the army who committed war crimes and crimes against humanity, with a pre-determined intention.

B. Issuing orders to directly attack the civilian caravan, and personally starting the first strike.

C. Urging his army to use excessive force against the civilian caravan.

D. Preventing water from reaching the women, children, and the sick and elderly.

E. Issuing orders to kill the wounded in the battlefield.

F. Issuing orders to kill two children in the battlefield.

G. Issuing orders to behead the dead victims and mutilate their bodies in front of their families.

H. Issuing orders to set on fire and burn the tents and shelter of women, children, and the sick.

I. Taking women, children, and sick as captives and mistreating them.

J. Refraining from burial of the victims’ bodies and abandoning them in the desert.

4) SHIMR IBN DHIL JAWSHAN AL-DABABI , Deputy Commander of the army. He is charged with:

A. Directly urging and causing the armed attack on the civilian caravan.

B. Actively seeking to hinder and fail all peace talks and trials for resolving the conflict in a peaceful manner.

C. Urging the attack on women, children, and the sick.

D. Urging the arrest of the civilians and preventing water from reaching them.

EPromoting and urging the soldiers to commit war crimes and crimes against humanity.

F. Issuing direct orders to execute the injured and the captives.

G. Beheading the victims and mutilating their bodies in front of their families.

H. Urging and participating in setting on fire and burning the tents and shelter of women and children, and attempting to kill the sick.

I. Mistreating and causing physical harm to women and children in captivity, and terrorizing the children.

J. Raising the heads of the dead victims on spears and displaying them in festive parades and celebrations for the purposes of gloating and rejoicing.

5) HURMALA IBN KAHEL AL ASADI , Commander of the arrow shooters and the chief sniper. He is charged with:

A. Directly participating in committing war crimes and crimes against humanity.

B. Intentional murder of two children with arrows in the battlefield.

C. Killing the injured and the wounded in the battlefield.

Thank you your Honor.

(The court secretary sits down after reciting the indictment. Looks of disgust are noted on the faces of many of the jurors after listening to the indictment. Many of them were attentively listening to the announcement of these charges).

Third Tragic Scene: “Guilty or Not Guilty?”

(After concluding the recitation of the indictment, the Chief Justice said):

Chief Justice: Thank you Court secretary. I’d like to remind everyone once again that what you just listened to are simply allegations and does not mean that any of the defendants are guilty of anything. A defendant is innocent until proven otherwise. Because the defendants are being tried in their absence, a white cloth has been placed on each dummy to represent their innocence until their final conviction. I request that everyone take this into consideration especially the respected jurors. The burden lays on the prosecution to prove that those defendants are guilty beyond any reasonable doubt.

And now, due to the fact that these five defendants are being tried in their absence, each of them will have a lawyer to represent him. Each lawyer will represent his client in responding to all the charges in the indictment by stating“guilty” or “not guilty”. Let us begin with the First defendant…

Court Secretary:

The First defendant Yazid ibn Muawiya ibn Abi Sufyan…are you guilty or not guilty of the charges that were directed against you?

Lawyer of Yazid: (stands up and says)

Not guilty in all of the abovementioned charges. (then he sits down)

Court Secretary:

The Second defendant Ubaidullah bin Ziyad…are you guilty or not guilty of the charges that were directed against you?

Lawyer of Ubaidullah ibn Ziyad:

Not guilty in all the charges directed to him. (then he sits down)

Court Secretary:

The Third defendant Umar ibn Sa’d…are you guilty or not guilty of the charges that were directed against you?

Lawyer of Umar ibn Sa’d: (stands up and says)

Absolutely not guilty! (then he sits down)

Court Secretary:

The Fourth defendant Shimr ibn Dhil Jawshan…are you guilty or not guilty of the charges that were directed against you?

Personal lawyer of Shimr: (stands up and says)

Not guilty of anything. (then he sits down)

Court Secretary: (stands up and says)

The Fifth defendant Hurmala ibn Kahel…are you guilty or not guilty of the charges that were directed against you?

Personal lawyer of Hurmala: (stands up and says)

Not guilty. (Then he sits down)

Then the Court Secretary sits down after completing the legal procedure.

Fourth Tragic Scene: “Opening Statements”

Chief Justice: Now, the prosecution may begin their opening statement…Mr. Prosecutor…you may begin. (The Prosecutor stands up. He is a young gentleman in his mid-thirties. He looked smart, neat, and humble with dignity and determination. It’s hard to identify to his ethnic origin. He stands and begins to speak in a clear soft and deep voice which seems to bewilder the minds).

Prosecutor: Your Honor, dear respected judges, and respected members of the jury...thank you for participating in this unique and universal trial…

Since the beginning of man’s life on this planet, history has witnessed many killings, massacres, and mass murders which cannot be accounted for or encompassed. Unfortunately in most of these crimes, the accused perpetrators and those responsible have escaped a fair trial; hence to be judged as guilty or innocent. As a result, the human justice system has become imbalanced and did not serve or bring justice to the victims of these terrible crimes.

Today, as humanity has reached a high level of development and civilization, the time has come to open the doors of justice for the martyrs

and victims of the past, so that their suspected killers and oppressors should stand a fair trial and be judged if they are guilty or not based on pure facts of history. Justice would then be served. After all, justice cannot be limited by time and cannot be folded or forgotten. It is alive even if it has been concealed, abandoned, manipulated, or avoided. Justice must wake up one day to reappear, prevail, and fill the earth with equity and fairness, after it has been filled with injustice and oppression!

The case put forth in front of you today is among the most worst and heinous of crimes and massacres committed against humanity which its perpetrators have escaped human justice! This case will indeed be the beginning and will not be the last so that every tyrant and oppressor will come to know that he must ,one day, stand trial and justice prevails and the oppressed and victims get their rights.

What has happened on the plains of Karbala in Iraq on the 10th of Muharram in the year 61 A.H., which coincides with October 9th, 680 AD, is a clear violation to human rights and a horrible crime against humanity.

Indeed; human beings are all one and cannot be separated. If one person’s life or rights are violated, it is like everyone else has been violated. This is a principle which all divine and religious doctrines has agreed upon as well as all secular laws and human traditions.

These five defendants, represented by these dummies, who are being tried in their absence, collectively and individually committed these crimes which were mentioned in the indictment. The prosecution will present irrefutable evidence which will clearly indicate without any doubt that they have committed all these premeditated crimes in cold-blood and that they are guilty of all the charges against them.

We simply ask you to exercise patience and give us your time and undivided attention with an open heart and mind so that we present our historical evidence and witnesses to prove our case and convict these defendants for what they have committed.

Yes, both the victims and the defendants in this case have passed away from this world since long time ago, but the souls of the victims, especially the innocent children haunt us here in this courtroom and call upon you to bring them justice against their oppressors who killed them while they were thirsty and helpless. If we are able to achieve justice today for those oppressed in the past, we would be doing great service to ourselves and our societies. Only then will the principle of justice be ingrained in our conscience and the society will be then in good standing. You never know…perhaps one day we ourselves will be the victims and then need to achieve human justice for ourselves from those who oppressed, killed, and tortured us. At that moment our souls too will haunt courtrooms calling and seeking justice.

Your Honor, respected judges and jurors, thank you for listening and please accept my regards.

(That awe-inspiring prosecutor who was able in a few words to move the hearts and awaken the minds and conscience and attract the attention of the listeners everywhere, then sat down).

Chief Justice: Thank you Mr. Prosecutor, and now the Lawyer representing the defense team may start his opening statement.

Defense: (one of the nine lawyers with black thick beard, plump face, and tough features with a clearly visible mark of prostration on the forehead and an obese body stands up. He then spoke in a loud sharp resonating voice).

Dear respected judges, your Honor, respected jurors, Asalamu alaikum wa rahmatullah wa barakatuh.

Many centuries has passed since the events of this case in front of you have taken place. Therefore, it is very difficult and rather impossible to find the truth! All we have are simply narrations coming from the far past which are surrounded by doubts and uncertainty.

The defendants in this case are important figures who did not act except within the limits of their religion and its regulations and teachings. So, it is hard to place them on trial without taking into account this religion and its recommendations. Perhaps they made a mistake unintentionally, and in Islam there is a rule which dictates that, “Whoever engages in ijtihad / diligent effort to make a fair judgment and tries to reach an Islamic verdict and was correct in his verdict, he will get double the reward. And if he made a mistake in judgment, still he gets one reward.” They were known for being righteous, pious, and having good behavior. There may have been mistakes made by the field commanders, or there may have been limits which were exceeded due to lack of good communication during that time! There may have been individual incidents or actions that were carried out by the soldiers on the battlefield, but it was never done intentionally nor was it planned by those five defendants such that they deserve to be on trial.

It is true that killing a human being is considered to be a crime if it was done intentionally and was premeditated. But if it happened by mistake, then it is not a crime. What is worse than killing is to accuse an innocent person with this killing, because in such case we would be correcting injustice with more injustice. Human justice would not be served, rather human injustice!

So, let us leave Allah (God) [SWT] to judge them by His Justice, for only He (SWT) knows the whole truth. These defendants are now under his mercy and justice. So why do we concern ourselves in matters which are not our business? I am confident that your efforts will reach the same conclusion at the end.

Respected judges and jurors, they are wasting your time and our time in something that has no benefit. It will soon become clear to you that the prosecution will completely fail in proving anything or convicting any of the five defendants. Thank you your Honor, Wasalamu alaykum wa rahmatullah wa barakatuh.

(The lawyer who seemed to have stirred confusion in the courtroom by his words then sat down).

Fifth Tragic Scene: “Requests from the Defense”

Chief Justice: Thank you, Mr. Lawyer. I believe there are two motions submitted by the defense. Is that correct? (he looks at the defense team)

Defense: Yes, your Honor. The motions have been handed over to the court secretary and it is available in front of you. Our first motion is that this court is not qualified to look into a case like this. In our second motion, we request permission to take some Islamic laws in consideration when discussing some of the events in this case. We know that the court rules dictate avoiding discussion of religious matters. But due to the special nature of this case, the defense finds it inevitable to discuss some Islamic laws in our argument. This would be very restricted and within the range of defending our clients only. We also have another motion, your Honor, which is in the process of being submitted to the court secretary.

Chief Justice: What is this motion?

Defense: We request that jurors be totally sequestered from the media so that they are not subjected to influence by the media coverage. This is due to the nature of this case. We do not want their verdict to be affected by emotions.

Chief Justice: We will look into your motions if they are complete and ready, and I shall make a decision about them in the next court session. Do you have any other motions?

Defense: No, your Honor.

Chief Justice: Mr. Prosecutor, do you have any remarks regarding the motions presented by the defense team?

Prosecutor: Yes, your Honor. We totally object on the First motion, but we have no problem with the Second and Third requests, if they met the court stipulations.

Chief Justice: Please submit your remarks in a written statement today to the court secretary clarifying your position regarding these three motions so I can review it before making a decision regarding them. Now the court is dismissed for today and will resume tomorrow morning at 10AM. The prosecution should be ready to start presenting his evidences and witnesses in the case. Thank you all. Court is dismissed!

(Judges and jurors begin leaving the courtroom followed by the defense and the prosecution teams. After that, the attendees start exiting quietly in an organized manner as they entered. But they are now more excited and eager to follow the events of the next court session of this unique and thrilling trial which stirred commotion in all parts of the world).


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