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Politics : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?

To: smolejv@gmx.net who wrote (99097)	5/25/2003 4:06:51 AM
From: D. Long	Respond to of 281500

It's certainly going to be a challenge to de-Baath Iraq. It was a challenge in post-war Germany, and the Baath has been in power much longer than the Nazi party was in Germany. The trouble so far seems to be finding the "line" acceptable to ordinary Iraqis. The "line" in the Baath party membership below which isn't considered odious, and can be used in the civil service and government. And, on top of that, ducking and weaving the tribal politics as well. The Nuremburg trials raised alot of interesting legal philosophy on the nature of what is "true" law. I don't envy Dr. Filbinger his position of judge in April 45. Certainly it is just to enforce a law punishing desertion, especially at a time when the nation's survival is at stake. BUT... the morality gets murky when that desertion is from the armed forces of a corrupt and illegitimate regime, and the deserter is a minor. He erred on the side of Legal Positivism. Saved him from the Gestapo no doubt. Derek