Hussein tests trial judge's control

"In cases like this you also have in play what is called 'command responsibility,' " says Mr. Ratner. "The idea is that if you command a militarily hierarchical order where you have atrocities that you did nothing to stop, [then] you can be found responsible."

Scharf agrees and says that Tuesday's "testimony was extraordinary in terms of guilt or innocence." Tikriti "confirmed that he was there and taking an active role and that he had control. That proves command responsibility ... so with respect to his guilt, the trial is over right there in my mind."

No one doubts Hussein was in command of Iraq - he claims he is still the country's leader - but in the meantime he is seen by some Iraqis on the street as "playing" the court to his advantage, at least in the near term.

Wednesday, the trial was delayed for several hours by deliberations between defense attorneys and the court over Hussein's refusal to return to the court.

In a heated blast at the close of proceedings Tuesday, Hussein had cursed the judge as an "agent of America." Calling the conditions he lives under during the trial "terrorism" - no clean shirt or underwear - he vowed not to return.

The deposed leader has also made shrewd comments in the court that could play on the fears of some Iraqis.

For example, earlier in the week Hussein accused Iran of ordering an attempt on his life in the 1980s. The assassination attempt did coincide with the early stages of the Iran-Iraq war. But the comment could resonate with some Iraqis, especially Sunni Muslims like Hussein, who worry today about Shiite Iran's growing influence in the country.

While some Iraqis express impatience with the pace of the trial, others say they find it to be a good lesson for the "new Iraq," and that Iraqis benefit from seeing the former strongman reduced to whining about infrequent bathing and dirty clothing.

Beyond the public role the trial plays is the question of whether the burden of proof can be met to convict Hussein. Testimony so far has emphasized the role of the police and intelligence agents but has produced no "smoking gun" in the hands of Hussein.

"As long as Saddam is in a cage, this is really the top for us," says Jaidar Jabar, an industrial painter from Baghdad's Al-Idrisi neighborhood. And while some people have worried that the trial was adding to high emotions ahead of the national elections, Mr. Jabar says he thinks the impact will actually be positive.

"It's really a reminder of why we have to go to the elections," he says. "When we are reminded by this trial of what was and how we lived under Saddam, we have a new goal for building something more free, like democracy."

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