I am anti war. You stupid evil scum are pro Saddam.

proclus at gnu-darwin.org proclus at gnu-darwin.org
Sun Dec 21 10:09:13 PST 2003


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/


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