Bush Can't Have Justice Both Ways

[dutchdemocrat]

Bush Can't Have Justice Both Ways

By Peter Maguire
Peter Maguire has taught the laws of war at Columbia University and Bard College. He is the author of "Law and War: An American Story: and the forth-coming "Facing Death."

December 28, 2003

The discussion of an upcoming trial of Saddam Hussein was overshadowed by two appellate court decisions that serve as a sobering reminder to the Bush administration that presidential authority does not exist in a vacuum.

In separate cases, U.S. Courts of Appeals for the Second Circuit and Ninth Circuit ruled that "enemy combatants" should be granted lawyers and due process. Up to now, President George W. Bush and Attorney General John Ashcroft have played fast and loose with the laws of war and bent the rules to suit them. For the fallen Iraqi dictator, the president has called for a trial that meets international standards, yet here at home "enemy combatants" face primitive military tribunals.

Bush will soon learn that, in the unpredictable realm of political justice, he cannot have it both ways. The Bush administration would be wise to heed the warning of German legal theorist Otto Kirchheimer: "Justice in political matters is more tenuous than in any other field of jurisprudence, because it can so easily turn to mere farce."

Since 9/11, the administration has declared that "enemy combatants" captured in the "war on terrorism" will be tried before traditional military tribunals following cautious precedents laid down by the U.S. Supreme Court in the 1942 Quirin case dealing with Nazi saboteurs who landed on Long Island, and the 1946 case of the fallen Japanese general Tomoyuki Yamashita. The "dirty bomber," Jose Padilla, presented an unusual case: He was both an American citizen and an aspiring al-Qaida terrorist. Arrested on U.S. soil, Padilla was declared an "enemy combatant" and held for close to two years without charges and without seeing his lawyer.

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http://www.newsday.com/news/local/longisland/politics/ny-vpmag283601208dec28,0,5677615.story?coll=ny-lipolitics-print

[emanymton]

1. Prisoner Of War - Saddam Hussein

Saddam Hussein is a prisoner of war (POW). He was the recognized leader of a member nation of the United Nations (UN). The USA cannot be allowed to avoid the issue.

Saddam Hussein must be handed over to the international community for trial. He is innocent until proven guilty by an internationally recognised legal authority.

The USA is not objective. Does the policeman who arrest the accussed subsequently act as judge and jury?

[Muddleoftheroad]

2. You are funny

Saddam Hussein is a criminal in HIS OWN nation. He murdered and abused an entire country.

The Iraqi people have first claim on any trial.

[emanymton]

3. Saddam Hussein Is A POW

The issue is not Saddam Hussein. The issue is how do we as members of the international community expect to be treated if we do not live up to the law?

Saddam Hussein is a victim of a military attack by another country. He must be handled in accordance with international military law. When we give the USA a pass on this then we have no right to demand to be treated otherwise.

[Muddleoftheroad]

7. Saddam needs to be tried by his own people

We might have the big army in Iraq, but we have no right to usurp everything.

[IrateCitizen]

4. Then, by what Iraqi court will he be judged?

Will he be judged by the court set up by the Provisional Governing Authority? Or what about by the interim Iraqi Governing Council? In either case, a trial will be (rightfully, I might add) seen as only a kangaroo court, a puppet of Washington, DC.

Or, do we wait instead until the Iraqis formally draft their Constitution, and set up their own government?

Were the reasons for going to war to truly free the Iraqi people? Or were they presented as Saddam Hussein being in violation of international law as dictated by UN resolution?

These are all questions that need to be answered before making overly simplistic statements such as the one above.

[emanymton]

5. The Reasons USA Went To War ...

are not relevant.

The man must be treated openly and fairly in an international legal forum. Otherwise what protection does anyone have? By protecting the accused we protect ourselves.

[Smokie]

6. True Justice demands a fair trial

Then, when the international and Iraq justice is done SH must come to America for a trial here.

Why?

Because he conspired to assasinate the first *. You'd think the *es would be screaming for him to appear in an American courtroom.

[Muddleoftheroad]

10. Fairly tried, fairly shot

True justice demands that the Iraqis try him. I have faith that there won't be much left for subsequent trials.

[Muddleoftheroad]

9. What right does he have to an international forum?

If we try him for international crimes, you could make that case. If he is cried for crimes in Iraq, where does that right come from?

Can any ordinary murderer demand such treatment?

[Muddleoftheroad]

8. I don't care which Iraqi group tries him

But his crimes were against Iraq first and I find nowhere that the international court overrules a local authority.

[RBHam]

11. He can't get a fair trial in Iraq...

Milosevic couldn't get one in Serbia...

There is a precedent. Besides, don't you want to hear the truth about his rise to power?How he was supported full-heartedly by the CIA and the administrations of the Reagan-Bush Juntas?
Are Reagan, Bush, rumsfeld, et al COMPLICIT with Saddam Hussein for his murderous reign of terror?

The Carlyle-Halliburton will do everything in their power to make sure that there is no fair, open, independent trial.
They'll put a bullet in Saddam before that happens. As it is, he'll probably die after spending years in some dank cell, natural causes.

In other words, like former friendly Dictators who either went rogue or became embarassments(e.g Noriega)and KNOW TOO MUCH - their rights will not even be considered.

[Muddleoftheroad]

12. Fair trial

Can a murdering dictator get a fair trial anywhere?

I pretty much doubt it.

More importantly, what I want to see is Iraq move forward. To do this, they need to put their demons behind them and he is the number one demon.