Reply #13: He's wrong.

[Devils Advocate NZ]

War crimes law is quite clear on the matter. If the nation under whose jurisdiction the crime occurs is unable to prosecute, then the prosecution is handed over to the International Criminal Courts.

International law states that even though the US invaded Iraq, Iraqi law applies and Iraqi courts have jurisdiction. Therefore Iraqi courts can be used to prosecute them, just as they can be used to prosecute Hussein.

Failing that, the US has an obligation to hand them over to the Hague.

This is yet another case of the US-centric worldview of many Americans. I have yet to see even people on DU mention that it is Iraqi courts that have the right to prosecute NOT US courts.