On 21 Dec, Michael Kalus wrote:
I don't know who you are referring too, but that comment is amusing, because it is exactly the kind of lambaste broadside that one hears on Faux news channel all the time. Anyway, I say that Saddam has human rights, just like everyone else, which includes due process, right to counsel, and to face your accusers in an open court that has legitimate authority to find you innocent or guilty. The US is clearly and wrongly doing the opposite of this, and if this makes me pro-Saddam, then I will wear the label proudly.
How can we offer him procedural guarantees enjoyed by U.S. residents when we won't be the ones conducting procedure at his trial? He's going to be tried in the ICC or by Iraqis in Iraqi courts. We have no good evidence that he's committed crimes against Americans, and unless we find some, I don't think that anyone would want him anywhere near a Federal courtroom.
He won't be put in front of the ICC as the US never signed on to it. So this one is out.
That leaves either an American Tribunal or an Iraqi one. In either case they should adhere to US procedures as they are based on them.
Yes, but I think Justin is mistaking my meaning. In order for the trial to be fair and valid, it must adhere to certain standards, some of which I enumerated. They are not necessarily US procedures, per se. Based on these discussions, I think it is clear that the war crimes tribunal should be composed of elected Iraqi judges. This would have the advantage of adding democratic legitimacy to the process so that the result would be widely accepted, something terribly lacking in any proceeding under US auspices. Moreover, this solution addresses US exceptions to the international courts as well, since the case would be heard in US-occupied Iraq. Regards, proclus http://www.gnu-darwin.org/ -- Visit proclus realm! http://proclus.tripod.com/ -----BEGIN GEEK CODE BLOCK----- Version: 3.1 GMU/S d+@ s: a+ C++++ UBULI++++$ P+ L+++(++++) E--- W++ N- !o K- w--- !O M++@ V-- PS+++ PE Y+ PGP-- t+++(+) 5+++ X+ R tv-(--)@ b !DI D- G e++++ h--- r+++ y++++ ------END GEEK CODE BLOCK------ [demime 0.97c removed an attachment of type APPLICATION/pgp-signature]