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Originally posted by subz
There's also the thorny issue of Executive immunity. Would the President of the United States be allowed to go on trial by an occupying power? For crimes that occurred inside the United States and outside the jurisdiction of the occupying power? Would the American people recognize the authourity and juridiction of any interim government set up by an occupying power?
Its a legal minefield if you ask me and I have no illusions that Saddam's trial will be fair or that he will be found 'not guilty'. The only contentious topic, really, is whether or not he will be executed. I believe he will not be executed due to the United States fence mending with Europe. If the United States wants any European cooperation within Iraq, or subsequent invasions, it would do best not to execute Saddam.
Originally posted by rogue1
I can't see him escaping the gallows, that would be a slap in the face to most Iraqi's. I hardly think the US will try and appease Europe by saving him from execution, why should they care if he's executed or not ? Should Europe tell the Iraqi's how they should dispense justice - I don't think so.
Originally posted by subz
Yes I believe Europe will care if he is executed or not and I think the United States should recognize that the practice is illegal in the majority of countries nowadays.
86 countries and territories have abolished the death penalty for all crimes;
11 countries have abolished the death penalty for all but exceptional crimes such as wartime crimes;
24 countries can be considered abolitionist in practice: they retain the death penalty in law but have not carried out any executions for the past 10 years or more and are believed to have a policy or established practice of not carrying out executions, making a total of 121 countries which have abolished the death penalty in law or practice.
75 other countries and territories retain and use the death penalty, but the number of countries which actually execute prisoners in any one year is much smaller.
web.amnesty.org...
Originally posted by subz
Kushi, to answer your question:
Saddam is on trial for this case because its the easiest case for the prosecution to prepare for. Any of the other major crimes Saddam carried out would take literally decades to compile enough evidence to get him convicted. The trials would also take years, hence in the interest of brevity they picked a smaller open and shut case with which to see him executed.