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Iraq
Impartial judgement for Saddam?
2003-12-15
Capturing Saddam Hussein is one thing, convicting him in an impartial court is something else.
And justice is something else again...
One Iraqi Governing Council member and judge, Dara Nur al-Din, has highlighted the impartiality problem already. Having helped draft the statute creating the war crimes tribunal, Nur al-Din told journalists on Monday that people in Iraq need "to see the nature of crimes committed with Saddam at the helm". Ahmad Chalabi, another member of the Governing Council, promised: "Saddam will stand a public trial so that the Iraqi people will know his crimes". US President George Bush has also promised that "the former dictator of Iraq will face the justice he denied to millions" - though he did not say where the former president would be tried and by whom.
He was captured yesterday, or actually the evening before. I suppose that's lots of time to come up with detailed plans for his disposition.
No judges or administrators have yet been appointed to the tribunal, and with no transitional government set to assume sovereignty until 1 July – questions of how justice is to be meted out are bound to be asked. For instance, could the Iraqi tribunal have the power to impose death sentences? International human rights groups are concerned over early indications.
Sammy's victims aren't dead anymore, so why should he face the death penalty?
"The example of the Romanian dictator Nicolae Ceausescu - shot after a summary trial in 1989 - reminds us how things should not be done," said Steve Crawshaw, director, Human Rights Watch.
I've always thought of that as an exemplary example of the administration of justice, myself. But then, Old Nick's victims were still dead...
Amnesty International has told Aljazeera.net that as Iraq's former military commander in chief, Hussein is most certainly a prisoner of war and should be given prompt access to the International Red Cross Thingy. "Like any other criminal suspect he is entitled to all relevant safeguards under international law, including the right not to be subjected to torture or ill-treatment", said Amnesty spokeswoman Nicole Shuairy.
Read it again, Nicole. He's a head of state, a member of the regime. He doesn't become a POW. All those Nazis, all those Japanese militarists, Noriega, the Taliban functionaries, none of them were POWs...
"Of course he has the right to receive a fair trial, a defense lawyer and the minimum safeguards as any other prisoner," she added.
Posted by:Fred Pruitt

#8  The link didn't work on that one. Here's the URL anyway:

http://www.commondreams.org/headlines02/0208-04.htm
Posted by: GKarp   2003-12-15 11:07:01 PM  

#7  A small nitpick- Noriega is considered a POW.

"[ICRC Spokesperson]Christen noted that former Panamanian dictator Manuel Noriega -- overthrown and captured by U.S. troops in 1990 -- was formally declared a prisoner of war but this did not prevent him being tried and jailed in the United States for drugs offences."

He has certain rights not afforded other federal prisoners, like the right to wear his military uniform. Regardless, he can expect to remain jugged until approximately the end of time.
Posted by: GKarp   2003-12-15 11:05:43 PM  

#6  The Romanians were just proving to everybody that Nicky wasn't really a vampire. There were rumors. Plus, as an added bonus they finally got his harpy of a wife to STFU, which everyone really appreciated. She had the most annoying whine...

Oh, and it convinced the securitate to come out of their bunkers, too. A good day all around, in my humble opinion.
Posted by: mojo   2003-12-15 11:01:25 PM  

#5  What to do with saddam:
1) cut out tongue
2) throw from top of 1 story building until tender
3) feed into industrial plastic shredder
Posted by: 4thInfVet   2003-12-15 9:00:10 PM  

#4  The treatment Macduff offered Macbeth if he wanted to live...

We need to understand that this is not about a "fair trial" for Saddam. There just can't be a fair trial for him. No atrocity that we or the Iraqis could inflict on him could ever be "fair" (matching his crimes).

What most people don't understand yet this is not about Saddam having a right to "his day in court". It's about the right of his victims to face the monster... a truth commission without the South African forgiveness.

Everybody should be allowed to be heard in court. Yes, this could take a while. We could send the (surviving) victims in by groups though.. one day for the ones without tongues, one day for those without handss, one day for those whose relatives were gassed.... you get the point.

Saddam has no right to anything. He doesn't even have the Nazi excuse of "just following orders"... because he GAVE them.

When tyrants fall, it's the famous "vae victis" (woe to the conquered) treatment for them.
Posted by: True German Ally   2003-12-15 7:49:23 PM  

#3  I hope they do not re-instate the death penalty for him.

Keeping him alive as a living display, breaking rocks, make him eat prok chops, tend a pig herd, etc.

Or, do what my wife suggested:

Put him on display in a 10x10 cage downtown, to let the people see the bastard and spit on him or throw shoes. Make a mockery out of him.

This would also solve the death penalty problem, indirectly. You do remember that there are a lot fo RPG's laying around Iraq, right? And the RPG-7 is effective up to 500 meters against point targets, like a cage in a town square.
Posted by: OldSpook   2003-12-15 6:12:45 PM  

#2  Where is Vyshinksky when you really need him?

___________________borgboy
Posted by: borgboy   2003-12-15 5:08:51 PM  

#1  Let's do it Uncle Joe's way - first the execution, then the trial.
Posted by: Raj   2003-12-15 4:36:45 PM  

00:00