According to this source Saddam Hussein was captured one day before a video showing his capture in a hole in the ground was fabricated.
If that is true, it is a clear violation of the Geneva Convention, as far as I can see. It is prohibited to humiliate prisoners of war (POW) - especially officers. Since he was already captured, he must have been a POW.
Those responsible for this crime must be brought to justice - no matter who they are.