U.S. in violation of Geneva convention?

[proclus at gnu-darwin.org]

On 19 Dec, James A. Donald wrote:
> 
> Well if there is no legitimate authority, then state of nature
> applies. Give him the justice that Mussolini and Ceasescu got.
> Hang him by his feet from a lamp post in central Baghdad for
> his victims to use as pinata

This would be an argument that the victims have a natural right to
administer judgment against Saddam, which might be a valid point.  In
order to rightly exercise that perogative, the people of Iraq will be
required to elect judges, or have them appointed by their elected
representative.  This would be a legitimate court in Iraq, but US
military justice is illegitimate in Iraq, because of the illegal
aggression.

> But I think we can find a legitimate authority somewhat better
> than that.  And if we cannot, the mob has more legitimacy than
> the Hague.

I'm afraid that due to the imperious actions of the Bush
administration, you may be right about this.  Moreover, the US is in a
bind, because the US rulers were complicit in Saddam's only credible war
crimes.  For this reason they will never turn him over to the
international courts, where this truth would be spoken loudly and
repeatedly.  

It appears to me that elected judges is the way to go.  Thank you for
this stimulating discussion.

Regards,
proclus
http://www.gnu-darwin.org/




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