The question is not academic. It could have long-range consequences not only in Iraq but also in other countries with regimes similar to that of Saddam Hussein, though none as murderous.

According to reports, the US has decided to offer some of the captured officials freedom from prosecution, and even material rewards, in exchange for information related to “more important matters.” Such bargains are routinely used in the US in fighting crime syndicates. The smaller fry are offered lower sentences or immunity in exchange for helping send the bigger fry behind bars.

If our information is correct, the US is offering such a deal to three captured Baathists: former Vice Premier Mikhail Yuhanna (better known as Tareq Aziz), former spymaster Farouq Hejazi, and one of Saddam’s half-brothers Barzan Al-Tikriti.

It would be foolish for the US to embark on such a course. People like Aziz, Hejazi and Al-Tikriti may or may not be the arch criminals that some Iraqis take them to be. In fact, they must be presumed innocent until proven guilty in a proper trial. But to save them from prosecution in the context of secret deals would make a mockery of any system of justice that may be created in a new Iraq.

Another option for dealing with the Baathists is to organize trials modeled on the Nuremberg ones in post-Hitler Germany. Post-Saddam Iraq, however, is different. Hitler won power in democratic elections and, at least initially, enjoyed the support of a substantial segment of the German intellectual, cultural and business elite. Throughout the Nazi era, a majority of Germans actively, often enthusiastically, worked, killed and died for Hitler. At the end of the war, the German nation as a whole bore collective responsibility for what Hitler had done.

Iraq’s experience under Saddam was quite different. The Baath Party never won free elections in Iraq. It came to power with a military coup in 1968. But even then it did not enjoy broad support within the Iraqi army. Over the years, a majority of Iraqis were terrorized into submission to the regime. But they never worked or fought for it with any conviction, let alone enthusiasm.

German society in the immediate post-Hitler era lacked the legitimacy to judge the Nazis. This is not the case with the post-Saddam Iraqi society. As the primary victim of Saddam’s regime, the people of Iraq have all the legitimacy they need to try their oppressors.

Another option is for the Baathist chiefs to be tried by the newly created International Criminal Court (ICC) at The Hague. The Bush administration, however, has not recognized the ICC. It is also concerned that diplomatic treachery by governments that still regret Saddam’s demise might prevent the new court from doing a proper job of prosecuting the Saddamites.

So what is the best course?

Instead of publishing lists of names and issuing playing cards of “wanted men,” the US must fix the principles under which Baathist officials will be dealt with. Some are liable to charges of murder, in some cases mass murder.

The principles to be spelled out are simple. Some Baathist chiefs can be charged with crimes against humanity for their role in the oppression of the Iraqi people and the invasions of Iran and Kuwait. A few could face charges of genocide, in connection with the Anfal campaign against the Kurds. An international tribunal, patterned on that set up to try ex-Yugoslavia’s leaders, could try such individuals. Some former officials, like Saddam’s eldest son Uday, can be charged with individual acts of murder in addition to charges of corruption. They can be tried in ordinary Iraqi criminal courts. A majority of Baathist officials, at middle and lower levels, may be open to lesser charges of corruption and brutality. They should be given a chance to redeem themselves.

New Iraq needs a Truth and Reconciliation Commission patterned on that of South Africa. The commission would invite all Baathists to confess their crimes, accept punishment, and move on, allowing the nation to turn a painful page.

It could take years, if not decades, before Iraq’s psychological wounds are healed. The Nazis ruled Germany for less than 13 years, and yet it took many Germans half-a-century to recover from the experience. The Baathists ruled Iraq for twice that long; a nightmare that might be harder to forget.

Germany cured itself by facing the truth. Iraq should do the same.