"I didn't say 'former president,' I said 'president,' and I have the constitutional rights according to the constitution, including immunity from prosecution"

Saddam Hussein’s assertion, “I didn't say 'former president,' I said 'president,' and I have the constitutional rights according to the constitution, including immunity from prosecution,” reveals multiple layers of his thinking during his trial and sheds light on issues of legitimacy, sovereignty, and legal process. By insisting on the title of “president” rather than “former president,” Hussein rejects the authority or legitimacy of the body prosecuting him. For him, being “president” is not only a matter of factual record but also a position that, in his view, is ongoing until properly replaced through recognized legal and constitutional measures. He makes a distinction that is meant to carry legal weight; in many legal systems, heads of state are afforded specific immunities and protections while in office.

By invoking “constitutional rights according to the constitution,” Hussein signals his belief that, as president, he is not just entitled to a certain respect or stature but to specific legal protections, most notably “immunity from prosecution.” He refers to a constitutional order that, under his regime, placed the president above the reach of certain legal actions, especially by foreign invaders or courts he deems illegitimate. This statement functions as both a legal argument and a form of political resistance: he is challenging the legitimacy of his trial, the competence of the court, and the authority of the occupying powers. For Hussein, the court represents victors' justice rather than a legitimate, domestic legal proceeding as defined by the country’s own laws and constitution.

Moreover, his insistence on immunity echoes a long-standing international norm where sitting heads of state are granted immunity from prosecution for acts undertaken in their official capacity. Saddam Hussein’s invocation of these principles was, therefore, an effort to resist the de-legitimization of his rule and position himself, as long as possible, as the lawful authority in Iraq, entitled to all attendant legal protections.