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

[Justin]

Michael Kalus (2003-12-21 13:14Z) wrote:

> > 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.

As Bill Stuart pointed out, this is not an American war.  This is a war
(or so the U.S. claims) based on alleged violation of an agreement
between Iraq and the UN.  It seems to me that American Courts or
American Tribunals have no authority to preside over Saddam's case in
general.  I don't think anyone wants to try Saddam for crimes over which
the U.S. might have jurisdiction.  There's likely a much better case
that he killed various subordinates, or that he gave orders to murder a
bunch of Kurds, or that he murdered various people in his ascent into
power, than there is that he offered material support to Al Qaeda or
some other terrorist group.

Even if such a U.S. law-based prosecution were to be pursued, clearly
there are serious international law issues.  Saddam was not some rag-tag
nation-less scoundrel.  Even if he was directly involved in terrorism, I
would think the only way to prosecute him for any such crimes would be
in some international court, because he was essentially sovereign.

Please explain why an Iraqi court must give Saddam U.S. style procedural
rights, because I don't understand.  I know you said "should", but what
does that mean if not "must"?  The U.S. has no influence on Iraqi
judicial proceedings, or at least it shouldn't.  Appeals to ethics don't
mean anything when one talks about a different culture.

-- 
I am a carnivorous fish swimming in    #+#  Banking establishments are
two waters, the cold water of art and  -*+  more dangerous than standing
the hot water of science.  - S. Dali   #-#  armies.  - Thomas Jefferson