Reply #14: Did you ever think about the Iraqi courts? Or do they not count?

[Devils Advocate NZ]

There is NO fuzziness. A crime was commited within the state of Iraq, and thus Iraqi courts have clear jurisdiction. If Iraqi courts are unable to prosecute these people, then they are eligble for prosecution in the Hague.

This is standard law as applied by the US to nations such Serbia.

Also worth mentioning is the fact that civillians in an area controlled by an Occupying Power as defined by the Geneva Convention fall under the responsibility of the Occupational Authorities. In other words if the US refuses to prosecute the civillians involved in this crime, they will be commiting a breach of the Geneva Convention and thus commiting yet ANOTHER war crime.

So here are the legal choices: 1) The US military prosecutes them under its power as Occupational Authority (the same power that allows them to arrest Iraqi civillians). 2) Failing that, the US military hands them over to Iraqi Police to be prosecuted in the Iraqi courts. 3) Finally, if the Iraqi Judicial System is unable to prosecute them, the US hands them over to the Hague to be prosecuted.