Cardinal Martino, Saddam Hussein, and "moral seriousness"

The Institute for Peace and Justice, at the University of San Diego (a Catholic university, with an excellent law school), is hosting Renato Raffaele Cardinal Martino later this month, to talk about "the global impact of the Church through its social teachings, especially in the pursuit of peace and justice."  USD law professors Gail Heriot and Mike Rappaport, of the "Right Coast" blog, have posted some thoughts, critical of Cardinal Martino's statements in late 2003 to the effect that he felt "pity" and "compassion" for Saddam Hussein, when watching video of Hussein after his arrest.  Professor Heriot writes:

At the time, it struck me as an ill-considered outburst.  It's fine, even good, for all human beings to feel a visceral sympathy when they see a once-powerful dictator reduced to the level of Saddam Hussein that day.  I certainly felt it.  But for a Vatican official to make his public statement focus on that visceral reaction shows a lack of moral seriousness.  The arrest of man responsible for the murder and torture of thousands is not an ideal occasion to get weepy-eyed over the sight of the once-mighty-turned-pathetic.  Above all else, it's an occasion to thank God that he has been brought to justice (and that those who carried out the arrest were not hurt).

Professor Rappaport adds:

I fear that Gail is being too polite . . ..  To express pity for Saddam Hussein, except as an afterthought, is to ignore the importance of justice.  Whatever one thinks of the need for the Iraqi War, the capturing of Saddam Hussein must be regarded by all men of good will as one of the most important acts of justice in modern times.  Sadly, mass killers have too rarely been subjected to punishment, avoiding their just desserts through suicide (Hitler), death under suspicious circumstances (Stalin), or usually natural causes.  The humiliation of Saddam Hussein was a morally great thing.  Not to recognize and feel it is to ignore the claims of his victims.  It is an ugly thing.  Perhaps one can feel pity for Cardinal Martino, but not (except as an afterthought) for Saddam.

It is an interesting question, I think, for lawyers interested in "Catholic legal theory":  What constraints, if any, should our commitment to "justice" place on the cultivation, or the expression, of "pity" and "compassion" for those who commit great evils and whom we, in accord with the rule of law, prosecute punish?  I take it as given -- even if I cannot pretend that I find it easy, or even possible, to really embrace the idea -- that even Saddam Hussein, because he is a human person, possesses the dignity that comes with being loved by, and created in the image of, God.  I take it as given that this fact has implications for how he may be treated, notwithstanding the monstrous, depraved nature of his acts and character.  That said, I think Professors Heriot and Rappaport are right to regret Cardinal Martino's statements.  It is both appropriate, and important, it seems to me, to be pleased -- and for Church leaders to express pleasure -- when justice is done.