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


To: Win Smith who wrote (218916)2/16/2007 11:44:30 PM
From: Ilaine  Read Replies (1) | Respond to of 281500
 
Somehow, I doubt Saddam consented to the jurisdiction of the court he was tried under either

Well, he said he didn't but the court was constituted according to long standing Iraqi rules of due process, and according to the principles of due process and the social compact, if you live in a country, you are deemed to have consented to the laws of that country.

and any laws of the new Iraqi government were obviously created just as much after the fact wrt Saddam's rule as anything at the Nuremberg trials

No, Saddam was tried for simple murder.

In contrast, at the main Nuremberg trials, the famous ones (there were many others) the defendants were tried for "war crimes" and "crimes against humanity".

If you take the time to actually study this, these principles evolved OUT OF the Nuremberg trials, rather than predating them, which is pretty much the definition of ex post facto.

Saddam was not tried for "war crimes" nor "crimes against humanity," just murder, which was a violation of Iraqi law at the time the murders were committed.

If you wish to argue that Saddam thought he was above the law, I don't disagree, but being a megalomaniac isn't a defense to the crime of murder.

As for your comments on Bush, regardless, the government has excellent lawyers, many of whom are career civil service, which means they stick around no matter who's elected president. This includes the military lawyers and the justice department.

You can sneer at them all you want, but they were there before Bush, and they'll still be there after Bush.



To: Win Smith who wrote (218916)2/17/2007 9:19:18 AM
From: Maurice Winn  Read Replies (3) | Respond to of 281500
 
Saddam's trial and execution is called Victor's Justice. It's a joke.

Some people in a town tried to kill him. He separated out a bunch of suspects [with help from his administrative people], held a trial, convicted them and killed them.

There was less collateral damage that in the revenge attack in Fallujah. Or Haditha. But nobody will be executed when the Good Guys cause collateral damage while getting the ones they want, even if they don't bother ensuring only males likely to have been involved are harmed. Saddam didn't kill women and children too [in the trial in which he was convicted].

Mqurice