The Seventh Court Session
Chief Justice: Court is in session. The defense, do you have any comments on what was presented so far by Mr. Prosecutor?
Defense: No your Honor. Thank you.
Chief Justice: You may then continue presenting your case, Mr. Prosecutor.
Prosecutor: Thank you Your Honor. Respected judges and jurors…the battle of Karbala started when the Third defendant Umar ibn Sa’d gave the signal and shot his arrow seeking the pleasure of his master. After that, his whole army started to throw their arrows which showered like rain towards Al-Husayn (as) and his companions such that approximately 50 of them were killed instantly.
Of course, when 30 thousand fighters throw their arrows all at once at 100 men, what do you expect to happen? This marked the beginning of the massacre, so which heroism or bravery is being displayed by an army and its command who allowed themselves to participate in an uneven battle?!
Surely, it is a fight that is similar to a wrestling game that takes place between a heavyweight world champion wrestler and a three-month old child. Can you imagine this? It was a war crime and mass murder by all meaning of the word! Only few men were left with Al-Husayn (as) who did not exceed 30 or less. When Al-Husayn (as) saw that, he said:
“By Allah, I will never surrender to their conditions, until I meet Allah (SWT) drenched in my blood!”
Then Al-Husayn (as) sent his eternal call for help saying:
“Is there a rescuer to come to our rescue?! Is there any helper to help us?! Is there any supporter to support us?! Is there any defender to defend the household of the Messenger of Allah (SWT)?!”
However, there was no helper, no supporter, no assistant…and Al-Husayn (as) was left alone with his very few companions while he is steadfast on righteousness, patient on the harm and inevitable death, rejecting oppression and tyranny, and refusing to surrender to the oppressors. Al-Husayn (as) drew a great example and was a role model for honor, dignity, nobility, courage, chivalry, and strength when it comes to truth, dignity and freedom.
Here, we would like to present to you an incident which stands as a strong proof against the defendants who each claim that they were only obeying the orders of their commander and were forced to fight.
This proof is the position and stance of a person who was actually from the commanders of the army of Ibn Sa’d. But soon he realized the obvious oppression and realized that the massacre was about to happen due to lack of compatibility in the size and resources of both side. He saw falsehood to be with the army of Ibn Sa’d whom he is one of his commanders.
And he saw righteousness to be with Al-Husayn (as) – the lonely, persecuted, and oppressed man. When he witnessed all that, he refused to follow Ibn Sa’d. Instead, he revolted and withdrew from his army, then he went over to Al-Husayn (as) in a regretful, repentant, and apologetic state.
This person is none other than Al-Hurr ibn Yazid Al-Riyahi. Ladies and gentlemen, you may remember what we have mentioned earlier that he was the commander of that group of 1000 fighters who were the first to confront Al-Husayn (as) and stalk him and force him to stop in Karbala.
When Al-Hurr heard the call of Al-Husayn (as) for help, he wept. Then he went to the Third defendant Umar ibn Sa’d and said:
“Are you really going to fight this man (referring to Al-Husayn AS)?!”
Ibn Sa’d answered him:
“Yes, by Allah! A tough fight which at the least results in heads being cut off and hands being chopped!”
Here, Al-Hurr decided to rebel on the orders given to him and instead go over to support Al-Husayn (as). Sure enough, he apologetically went to Al-Husayn (as) and asked him for forgiveness since he was the first to confront and stop him. So Al-Husayn (as) accepted his apology. Now, weren’t the second, third, fourth, and fifth defendants all capable of doing the same thing and saving themselves from facing these charges which they are facing today?
Sure, they were capable of excusing themselves, but by their own will they committed their crimes without any excuse or need. Therefore, it was necessary to place them on trial, to convict, and to punish them! The stance which Al Al-Hurr has taken stands as a great proof to their guilt.
Due to the lack of supporters of Al-Husayn (as), it was impossible for his companions to fight simultaneously, so the fight took the form of individual duel (one-to-one). So, Al-Husayn’s companions asked him for permission to go out and fight the enemy one after the other. Al-Husayn (as) would then give them the permission and they would each go out to fight alone and kill many from the enemy.
Then they would be killed and attain martyrdom after demonstrating unbelievable courage and heroism that has no similarity in all of history! It was a dramatic scene which tongues cannot describe! Now what type of love, faith, and sincerity was that which brought together those men who were few in number, so that they stand with Al-Husayn to support him?!
Here, Al-Husayn (as) symbolizes truth, justice, righteousness, freedom, dignity, and all the values of humanity. They protect him with themselves, their blood, their souls, and all that they own without a moment of hesitation or weakness! Surely, it is a scene which all of humanity should take pride in over all other things!
All of the martyrs fell down one after the other in a horrifying massacre which all of humanity never saw a resemblance to it. They fall down as men with their swords in their hands and their hearts bleed; however it is filled with love, faith, certainty, and purity. It is the climax of manhood, honor, and sacrifice on their behalf! And it is the climax of lowliness, lack of chivalry, arrogance, betrayal, and cowardice from their enemy!
The whole scene composes a war crime that is very obvious! To bring the picture closer to you, dear ladies and gentlemen, imagine that there is a wrestling ring where 25 thousand of Matadors fight with swords against one bull. What can we expect the result to be?! Surely, it will be a great massacre and whenever one bull falls down, another bull steps forward to be slaughtered in front of the 25 thousand armed Matadors!
It is a massacre which humanity rejects even for bulls and considers it to be a crime against animals. Then imagine when this situation is not against bulls, but it is against humans! Isn’t that considered to be a crime committed against mankind?!
Defense: Objection your Honor, this is an imaginary hypothetical argument!
Prosecution: Your Honor, I’m only trying to draw an example to help the respected jurors imagine what really happened, and this is the right of the prosecution.
Chief Justice: Objection overruled. You may continue Mr. Prosecutor.
Prosecutor: And now, respected judges and jurors, we are going to present to you only some of the war crimes and the crimes against humanity and mass murder which took place on the land of Karbala on the 10th of Muharram, year 61 A.H.
Abdullah ibn ‘Umayr Al Kalbi: He was among the companions of Al-Husayn (as), so he marched to the battlefield and fought a tough fight till his right hand and his leg got severed and he was taken as a captive to Ibn Sa’d, the Third defendant. Ibn Sa’d then told him, “What a tough fight!” Then Ibn Ziyad ordered the execution of Ibn Umayr Al Kalbi…the execution of an injured captive! Where are the laws that regulate the treatment of captives?! Where is humanity?! Should a captive be executed while he is injured?! And was this action by Ibn Sa’d also an order by Ibn Ziyad?!
Or was it out of his own criminal tendencies? But what was even worse than that was when his wife went over to his dead body weeping and wiping the blood from his head. The Fourth defendant Shimr saw her, and then he ordered his slave named Rostom to hit her head with a pole. So he struck her and broke her head and she died instantly in her place! She was the first woman to be killed and attain martyrdom in Karbala. Now isn’t this a war crime and mass murder and a crime against humanity or not?!
Wahab ibn Abdullah Al-Kalbi: He was taken as a captive after many of the army of Ibn Sa’d were killed in his hands. So he ordered his execution and to chop his head, then his head was thrown towards the camp of Al-Husayn (as). His mother embraced the head of her son, kissed it, and attempted to take a pole and go out to take revenge of her son’s death, but Al-Husayn (as) told her, “Oh Umm Wahab, return back for women are excused from Jihad (fighting).”
The time for Dhuhr (noon) prayers came and Al-Husayn (as) requested the oppressing army to ceasefire to perform the obligatory prayers in Islam, but they refused. So Sa’eed ibn Abdullah Al Hanafi stepped forward and stood in front of Al-Husayn (as) to protect him while he is praying. Sa’eed received many arrows at his chest during Al-Husayn’s prayers until he fell down and died.
He suffered thirteen arrows in his body in addition to sword wounds and spear stabs. Now isn’t the lack of respect to worshipping and killing of worshippers considered to be a war crime or not?! We leave that judgment for you to make, Oh respected judges and jurors.
Nafi’a ibn Hilal Al Jamli marched to the battlefield and fought courageously until his hands got cut and he was taken as captive. Then the Fourth defendant Shimr ibn Dhil Jawshan executed him and chopped his head without taking orders from anyone. Now, isn’t that act considered to be a war crime by all standards in every age and time? He was an unarmed, helpless, and injured captive who is the Third person to be killed without mercy or compassion or regards to religion or humanity.
Amr ibn Junada Al-Ansari who was only eleven years old at that time stepped forward after his father was killed and he sought the permission of Al-Husayn (as) to fight. But Al-Husayn (as) refused to give him the permission, so the young boy pleaded to him and said that his mother ordered him to fight.
So Al-Husayn (as) gave him permission and soon he was killed and his severed head was thrown towards the camp of Al-Husayn (as) and it accidentally fell on the lap of his mother. Now, is there any situation more horrific than this?! An eleven-year old young boy was killed and his head was thrown at the lap of his mother! Doesn’t this crime go against all the values of humanity?!
A ten-years old child from the family of Al-Husayn (as) named Muhammad ibn Abi Sa’eed ibn Aqeel ibn Abi Talib ran out from the tents in a fearful and terrorized state as he looked right and left. He did not know where to go, so one horseman of the companions of Ibn Sa’d advanced towards the young boy and struck him on his head with his sword and killed him.
Now, what do you say dear ladies and gentlemen about the killing of children in the battlefield? Is it a war crime, or a crime against humanity, or is it mass murder, or surely it is all of the above!!!
Another young boy who did not yet reach the age of puberty, Al Qasim ibn Al-Hasan ibn ‘Ali ibn Abi Talib went forward to defend his uncle. He fought courageously then his enemy took the opportunity when he paused to fix his footwear and one of them struck him on his head with the sword at a moment of betrayal and deceit, so the young boy was killed. Now, what type of chivalry, knighthood, or heroism is that, dear ladies and gentlemen?!
The Fourth defendant Shimr proceeded towards the tents of the women and children and attacked them with spears. He wanted to set the tents on fire while women and children were screaming! Now, isn’t that act from him considered to be a war crime, a crime against the humanity and isn’t that considered to be a form of mass murder?!
Chief Justice: Court session will now be in a half hour break and shall resume afterwards.
Chief Justice: The court is in session after the recess and I think that the defense team doesn’t plan to rebut now on the prosecutor’s case.
Lawyer: No your Honor, not at the present time.
Chief Justice: Then Mr. Prosecutor, you may continue presenting your case.
Prosecutor: (signs of deep sadness are clear on his face)…Yes your Honor. The family of Al-Husayn (as) went out to protect him with their lives and blood. His eldest son ‘Ali ibn Al Al-Husayn (as) was the first of them. He fought a brave combat till they killed him and cut him into pieces with their swords, all in front of his father Al-Husayn (as).
After him, Al-Husayn’s nephew from his brothers and sister’s side as well as his uncle’s sons each went forward to sacrifice their lives in his defense, then his brothers proceeded to fight one after the other ending with Al-Abbas ibn ‘Ali ibn Abi Talib. They were all massacred and killed in front of Al-Husayn (as) and he was left alone in the battlefield after all his companions, supporters, and family members were killed. He hears the wails of the widows and the screams of the thirsty children, so he called out loud:
“Isn’t there anyone to protect the household of the Prophet?! Isn’t there any monotheist who fears Allah (SWT) by supporting us? Isn’t there a helper who seeks Allah’s pleasure in helping us?! Isn’t there an aide who seeks reward from Allah (SWT) by aiding us?!”
The name of Al-Husayn’s only remaining son who was very ill and was not able to participate in the fight is ‘Ali ibn Al Al-Husayn Al Sajjad (as). Despite his illness, he got up when he heard his father’s plea for help and wanted to fight before him. But Al-Husayn (as) prevented him due to his severe illness. Then Al-Husayn (as) bid his farewell goodbye to his children, sisters, and women as they cried and wept bitterly. Now isn’t this anguish, thirst, grief, and sad farewell which they all suffered considered to be war crimes or not? Oh humanity, you may bear witness to that!!
Then Zainab bint ‘Ali, the sister of Al-Husayn (as) came over to her brother while she was carrying his infant son Abdullah and she said to him:
“Please request some water from those people for this infant, because his mother’s breast has become dry of milk due to severe thirst!”
So Al-Husayn (as) held his infant son in his hands and went over to the army of Ibn Sa’d and appealed to them for some water to quench the thirst of his infant as the child is not guilty of anything. The companions of Ibn Sa’d differed in opinion; some were lenient to give the baby some water while others rejected that idea and wanted to cause agony to his father by hurting his infant son!
At that critical moment, the Third defendant Ibn Sa’d looked at the Fifth defendant, Hurmala ibn Kahel Al Asadi, who was an expert in arrow-shooting and the chief sniper in the army. He ordered him to end this conflict by killing the infant child in the lap of his father! So Hurmala threw an arrow at the child and slaughtered him in the hands of his father!
Al-Husayn (as) then received his infant’s blood in his palm and threw it towards the sky. Narrators are in consensus that not one drop of their blood fell to the ground, and Al-Husayn (as) said at that moment:
“What relieves my calamity is that it is in front of Allah (SWT). Oh God, please do not let this sacrifice be less in your eyes than the baby camel of Prophet Saleh! Oh God, if you are not providing us victory, then grant us what is better and take revenge for us from the oppressors. And make what has been inflicted upon us in this life be a treasure in the hereafter!”
Then Al-Husayn (as) stepped down from his horse and dug a hole using his sword to bury his infant child who was drenched in his blood and he prayed for him. Ladies and gentlemen, now isn’t this horrifying tragedy considered to be a war crime or a crime against humanity or a case of mass murder?!
Or it is much worse and disastrous than all of that?! After all, how can a soldier or a human being shoot an arrow to kill an infant, even if his commander ordered him to do so?! Hurmala was capable of refusing to do that especially as he saw that the army was already divided in this matter. He was capable of targeting his arrow at a wrong direction so that he doesn’t kill the infant baby.
But the Fifth defendant Hurmala, with all his lowliness and wickedness allowed himself to kill an infant baby in the arms of his helpless father in the battlefield! Surely, this is strong evidence against the Fifth defendant Hurmala ibn Kahel Al Asadi! (Tears started streaming down his cheeks and it became very apparent from his voice and facial expression that he was emotionally affected).
Subsequently Al-Husayn (as) rode his horse and faced the opposing army holding his sword while in the state of despair, ready to face death as he chanted these eternal words which in itself constitute a school and lantern to every human being at any place and time. Listen to him saying:
“But God’s reward is higher and nobler! And if our bodies were created to die, then it is better for a person to die in the way of
Allah (SWT) by the sword. And if sustenance is a measured amount, then it is better for a person not to be concerned about earnings. And if money that is collected will eventually be abandoned, then what do you think about a person who is stingy with what he will eventually abandon? I will go ahead and it is not a shame to be killed if I am killed in the way of Allah (SWT)!” (it is a poem in Arabic)
Defense: Objection your Honor! This has nothing to do with the charges in this case, and it is intended to influence the respected jurors!
Prosecutor: Your Honor, it is our right to display the great humanitarian aspects in the personality of the victim, for it is meant to clarify to the judges and jurors the horrendousness of the crime. And to demonstrate to them what type of human blood was shed and what high values and morals were destroyed on the plains of Karbala in a cold-blooded manner!
Defense: Your Honor, the job of the jurors is not to assess the level of horrendousness of the crime, but they are here to decide the guilt or innocence of the defendants.
Prosecutor: Yes without a doubt, but displaying the horrendousness of the crime and the value of the victim is meant to emphasize to the jurors the importance of the guilty verdict, and that is the legal right of the prosecution.
Chief Justice: Objection overruled, you may proceed, Mr. Prosecutor.
Prosecutor: Al-Husayn (as) called out to the opposing army for duel combat, and he went on killing everyone who approached him as he was at the peak of courage and chivalry. He didn’t chase a retreating enemy, nor did he finish off an injured person, nor did he kill a child, nor did he stab in the back, nor did he kill out of deceit.
He was a great example in fighting, courage, heroism, nobility, and chivalry! Now let us hear the testimony of one of the soldiers in the opposing army whose name is Abdullah ibn Ammar ibn Yaghooth which is cited in the history books as he admits:
“I have never seen a broken man whose sons, family members, and companions were killed in front of him, more patient, calm, determined, and courageous than him! When men approached him for combat, none of them would stay standing where he charged at them and all would run away!”
Here the Third defendant Ibn Sa’d shouted:
“He is the son of ‘Ali ibn Abi Talib, he is the son of the killer of Arabs, attack him from all sides!”
Now did the Second defendant Ibn Ziyad force Ibn Sa’d the third defendant to make that call in which he ordered these thousands of soldiers to fiercely attack the lonely victim? Or was it one of the prerequisites for acquiring the governorship of Al-Rayy’ state?!
Wasn’t it an evil initiation by the Third defendant himself that proves his guilt and complete responsibility of the crime as there was no any source of pressure on him and there was no any military need for that?!
He could’ve simply ordered ceasefire since Al-Husayn (as) became lonely and have lost all of his supporters and family members. He could’ve attempted to resume peace talks or even request Al-Husayn (as) to surrender in order to avoid bloodshed of the rest of his family members including himself, especially being that he is the Prophet’s grandson.
Preventing his murder is a goal in itself that is worthy to be achieved since the battle has been finalized and there is no point to continue it! However, Ibn Sa’d insisted to continue his criminal actions till the very end in fear of losing the pleasure of Ibn Ziyad along with the promised governorship. How did he know?!
Perhaps if he had ordered ceasefire at that time and notified his master Ibn Ziyad in Al-Kufa, the Second defendant may have changed his mind about killing Al-Husayn (as), but that did not happen! Hence, the responsibility of the Third defendant Ibn Sa’d for the crimes committed here is very clear and obvious.
Sure enough, the opposing army carried out the orders of its commander and they all attacked Al-Husayn (as) with 4000 arrows! They encircled him and blocked him from his camp and his family, so Al-Husayn (as) yelled at them:
“What is wrong with you?! Oh supporters of Abi Sufyan! If you don’t have any sense of religion and if you don’t fear the day of judgment, then be freemen in your lives and return to the values of your tribes if you are Arabs as you claim!”
So the Fourth defendant Shimr ibn Dhi Jawshan called out to him and said, “What do you want to say Oh son of Fatima?”
Al-Husayn (as) answered him: “I am saying that I am the one whom you are fighting, and women have nothing to do with fighting. So prevent your vulgar tyrant and ignorant men from harming my women so long as I am alive!”
Ladies and gentlemen, you can see the extent of lowliness of these people as they try to prevent Al-Husayn (as) from reaching his women and children and using that degrading tactic to pressure him…as if what he is going through is not enough to them! Rather, they actually started to attack the tents of women, children, and the sick! Now, isn’t this a war crime that involves terrorizing the civilians and using that as a means of pressure against the opponent? Isn’t this a crime committed against humanity?!
The Fourth defendant Al-Shimr answered Al-Husayn: “Ok, we will give that to you, oh son of Fatima! Then he shouted to his companions “Leave his family alone and go after him. I swear that he is indeed a noble equal!”
The enemy attacked Al-Husayn (as) from all directions while he was alone and helpless among them. Ladies and gentlemen, I don’t know how these thousands of people allowed themselves to join together to kill one person!
What type of humanity, religion, chivalry, or bravery is that?! We do not see this type of behavior happening in the animal world, then imagine that it was happening in the human world!
These killer beasts do no have any faith or human values or conscience or feelings at all! In these moments, they rid themselves of everything except evil and lowliness even though they knew well whom they were fighting.
Listen to the words of the Fourth defendant when he said, “I swear that he is indeed a noble equal” which is an expression of deep respect and admiration to the personality of Al-Husayn (as) by his worst enemies!
Severe thirst overcame Al-Husayn (as) and he charged towards the Furat River against ‘Amr ibn Al Hajjaj who was accompanied by 4000 men. He overcame them and drove his horse to the river. But when his horse wanted to drink, Al-Husayn (as) said to his horse: “You are thirsty and I am. By God, I will not drink till you drink!”
Respected judges and jurors, take a look at the peak of humanity and compassion who is about to get killed at the hands of the peak of evil and wickedness! By Allah, it is a horrifying tragedy!!
(Tears streamed from the eyes of the Prosecutor as his voice shook in the midst of complete silence in the court room. But he quickly controlled his emotions and continued).
When Al-Husayn (as) extended his hand to drink, a man from his enemy called out, “Will you enjoy the taste of water, Oh Husayn, while your women are being attacked?!” Al-Husayn (as) then threw away the water from his hand and did not drink it; instead he headed back towards his women in the camp.
Ladies and gentlemen, don’t you see how they can not bear the thought of Al-Husayn (as) even wetting his lips with some water before killing him! So they make up a lie in order to force him to abandon the water. They then falsely claim that his women are being attacked, because they know very well the devotion and protection that Al-Husayn (as) offers his women and his determination that no one harms them while he is alive.
They take advantage of his noble manners and his gallantry so that they prevent him from taking the last sip of water in his life. Now did you ever see a crime against humanity more horrific than this? I leave the answer and judgment for you to make…
Al-Husayn (as) returned to his tents and family to check up on them and to bid them a last farewell and give them his last words of will and recommendation. He went to see his daughters, wives, and his sister Zainab bint ‘Ali (as).
At that moment, the Third defendant Ibn Sa’d who is the commander of the army shouted to his soldiers:
“What is wrong with you?! Attack him while he is busy with his family! By Allah, if he became free to face you, you will then not be able to differentiate the right wing of your army from the left!”
Ladies and gentlemen, take a close look at how this defendant orders his soldiers to be cowards, abandon their dignity, remove the dress of humanity from them, and attack a man who was bidding his last farewell to his women and children! They want to take advantage of this dramatic situation so that they kill him. Now what type of courage, dignity, or honor is that?!
And was that also a military order which his master in Al-Kufa, Ibn Ziyad asked of him? Or was it a personal effort and evil action initiated by him? How can he defend his case when he sees Al-Husayn (as) has become lonely and killing him was imminent and only a matter of time as he faces tens of thousands of soldiers all by himself! So, what is the point and the meaning of this order now?!
Sure enough, the miserable soldiers obeyed the order of their commander. They fiercely attacked Al-Husayn (as) throwing him with arrows which were showering at him like rain from all directions. Some of these arrows even penetrated the tents of women and children who cried out of fear and terror!
Al-Husayn (as) was receiving the arrows on his chest and neck while he was charging back on his enemy! Isn’t this stance from the Third defendant and his army against Al-Husayn (as) and his family members and depriving him from even bidding them his last farewell…isn’t that a war crime and a crime against humanity? I leave the judgment for you to make…
Al-Husayn (as) then returned to his position while he was suffering from extreme thirst and exhaustion and he continuously recites this supplication, “There is no ability or strength except from Allah, the High and the Great!” At that moment, he requested some water to drink but Al-Shimr the Fourth defendant answered:
“You will never taste it until you go to the Hell-Fire!”
And another person said to him, “Don’t you see the Euphrates River running in waves like snakes? You will not drink from it till you die out of thirst!”
Ladies and gentlemen, take a look at this extreme harshness and petrified hearts! By his statement, was the Fourth defendant obeying the order of his master in Al-Kufa or his commander the Third defendant? Or was his statement due to his personal initiation which indicates his extreme evil and lack of compassion?
And is that from the Islamic law and the teachings of the Holy Messenger who narrated in one of his prophetic traditions that a man entered the Paradise simply because he quenched the thirst of a dog in the midst of burning heat of the desert?!
Did the Prophet of Islam order to kill his grandson thirsty in the desert of Karbala? We leave the answer to this question to the defense. Isn’t this a crime committed against humanity? We will leave the answer to this question also to you, respected judges and jurors.
Then Al-Husayn (as) called out: “Oh you evil nation, what a bad reward you gave Muhammad (S) in his household! Verily, after killing me, you will never care to kill any other person! By Allah, I hope that Allah will honor me with martyrdom and then He will take my revenge from you!”
Al-Husayn (as) continued fighting with perseverance until he suffered 72 wounds!! He paused to rest as he felt weak from fighting. As he was standing, ladies and gentlemen (and here the prosecutor’s voice started to shake) a rock was thrown at him and struck his head and the blood flew on his face. Al-Husayn (as) lifted his shirt to wipe the blood from his eyes. Here, the Fifth defendant Hurmala threw a poisoned three-headed arrow directly at him and it struck his stomach area. Al-Husayn (as) then said:
“In the name of Allah, by the help of Allah, and on the path of the Messenger of Allah…Oh Lord, you know that they are killing a man whom there is no other grandson of a Prophet on the face of earth except him!”
Then Al-Husayn (as) pulled out the arrow from his back and the bleeding increased profusely. He placed the palm of his hand on his wound and when it became full of blood, he threw it towards the sky and said:
“What reliefs my calamity is that it is in front of Allah’s eyes.”
It has been narrated by all those who witnessed this dramatic scene that not even one drop of that blood fell down to the ground!
Defense: Objection your Honor, this has nothing to do with the charges directed against the defendants and it is not confirmed. The intention here is only to influence the judges and the jurors!
Chief Justice: Objection sustained.
Prosecutor: Then Al-Husayn (as) placed his hand once again on the bleeding wound and when his palm became full, he wiped the blood on his head and beard and said:
“In this state I shall meet Allah and my grandfather Muhammad the Messenger of Allah, while my beard is stained with blood and I will say ‘Oh Messenger of Allah, this person has killed me!’”
Al-Husayn (as) became so weak and stopped fighting due to the profuse bleeding, so he rest in his place.
Here, ladies and gentlemen, the fighting was supposed to end. As the only man left in that civilian caravan who is Al-Husayn (as) have suffered a fatal injury and is no longer able to fight. Now what does the universal laws of war state…any war even if it took place thousands of years ago?! It states that fighting should stop and the injured should be taken as captives of war and be treated for their injuries.
If the injured ones do not recover from their injuries and die because of it, then they will die after receiving the necessary medical treatment. These are the universal rules of humanity at any place and time! However, did the Third defendant order a ceasefire after there become no any oppressing force in front of his army of 30 thousand fighters?! And if he had ordered ceasefire at that moment, will the First and Second defendants have blamed him for doing so?! Can he confidently say that they will not be pleased of him if he ordered ceasefire? Did
he even consider ceasefire at that point? Or did he bother to consult anyone in this matter?
No ladies and gentlemen, he did not do that! Rather, he insisted to continue fighting the injured man who is breathing his last. About thirty thousand men are now combating only one fatally wounded man who is bleeding to death and has stopped fighting, can you believe it?!
What lowliness and disgrace is that from the Third defendant Umar ibn Sa’d and from all his soldiers?! If this is not considered to be a horrifying war crime committed by them, then what is it called dear ladies and gentlemen?! What a great disgrace to humanity whom they are supposed to be a part of, unfortunately only by name!
Sadly enough, those monsters continued fighting a paralyzed and fatally-wounded man who was about to die. So, a man stepped forward and struck Al-Husayn (as) by the sword on his head. And another one hit him deceitfully while a third person threw an arrow at his neck, while a Fourth one stabbed him in his waist.
Al-Husayn (as) fell down from his horse to the ground; he collapsed as a brave noble hero and lay on the dust not able to get up. All this happened in front of the commander of the army, the Third defendant! Did he do something?! And did he order ceasefire?!
No, he was not satisfied till Al-Husayn gets killed so that his masters, the First and Second defendants get pleased. As we mentioned before, the real target and the whole purpose of this struggle was to kill Al-Husayn (as). This is in spite of their knowledge that the Islamic religion forbids the killing of the injured under any circumstances. So did these criminals apply or respect the Islamic law?
These Islamic laws which the defense team claims that these barbaric human beasts were obeying! Aren’t these actions considered to be crimes committed against humanity…ALL of humanity?!
While Al-Husayn (as) was in this tragic state, Abdullah ibn Al Al-Hasan, the nephew of Al-Husayn (as) who was eleven years old, looked at his uncle who was wounded and surrounded by the army. He went running to his uncle wanting to protect him.
A man came to strike Al-Husayn (as) with his sword, so the boy yelled, “Oh cursed one! Are you trying to hit my uncle?!” The boy tried to shield his uncle from the blow of the sword, so the man struck the boy on his hand which got severed and was left hanging from the skin. So the boy screamed, “Oh uncle!” And he fell on Al-Husayn’s lap and Al-Husayn (as) hugged him and said:
“Oh son of my brother, be patient on what has afflicted you and know that there is good in it, for Allah (SWT) will let you join your righteous fathers.”
Then the Fifth defendant Hurmala ibn Kahel shot an arrow at the boy and killed him while he was lying on the lap of his uncle with a severed hand. Now, is the killing of an injured child in the battlefield with pre-meditated intention considered to be a war crime or a crime against humanity? Or isn’t it something much more horrific and degrading than that?!
Then the Fourth defendant Al-Shimr yelled: “What are you doing standing and staring at the man who has been struck with arrows and spears?! Go ahead and finish him off!!”
So the noble army attacked the unarmed and injured man who is breathing his very last breathe, and they struck him repeatedly with swords, arrows, and spears!! It is as if they were not satisfied with the injuries, stabs, and wounds he already suffered! Instead of ordering ceasefire, the Third defendant ordered the Fourth defendant to kill Al-Husayn and finish him off and relieve his pain and suffering!! What a kind and merciful man he is?! Ladies and gentlemen, take a look at the courage and bravery of the Third defendant Umar ibn Sa’d!
The Fourth defendant Al-Shimr sets out to kill the armless, unguarded injured hero Al-Husayn (as)! Then Al-Shimr chopped the blessed head of Al-Husayn (as) and raised it over a spear to announce the end of the evil and dirty mission which was assigned to that oppressive cursed army!!
All that was not enough! The army started to loot the body of the martyr Al-Husayn (as) and they took his sword, shield, clothes, ring, and seized everything! They left his beheaded body naked in the desert, cut into pieces, and that was the great disaster and crime and biggest calamity ever! Now is there a crime against humanity and a war crime worst and more degrading than that in the history of mankind?!
(Tears streamed from the eyes of the prosecutor as well as all the attendees, even the jurors, judges, lawyers, and security officials, etc).
Chief Justice: (while he is wiping his tears) The court is dismissed and shall resume tomorrow at 10AM. Thank you.