This little snip from the NY is very telling about who carries the big stick.
The Iraqi official said Mr. Talabani first asked the tribunal’s judges for an opinion on whether the constitutional requirement for
presidential approval applied to a death sentence handed down by the tribunal, a special court operating outside Iraq’s main judicial
system. The judges said the requirement was void.
[url=http://www.nytimes.com/2007/01/01/world/middleeast/01iraq.html?pagewanted=2&ei=5094&en=85dae91ed8178e3a&hp&ex=1167714000&partner=homepage]More[/u
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This is the single most telling part of this article. It illustrates that the special court is above Iraqi constitutional law. They are only bound by
the Statute.
OCCUPATIONAL PROMULGATION
The special court was created by order of Paul Bremer and affirmed by the appointed Iraqi governing council. It was 'confirmed' in the interim
constitution that was 'handed over' to the Iraqi people. Underhanded, yes?
THE FOURTH BRANCH OF GOVERNMENT
It is an independent entity within the Iraqi government protected by separation of powers. No laws may be passed other than to support its purposes,
no orders may be give from the administration, and the Iraqi Supreme court cannot influence in any way.
FOREIGN ADMINISTRATIVE JUDGES
Who pulls the strings? The Administrative Judges. A provision was made to appoint foreign judges, and there was a requirement for foreign advisors and
observers. This all happened behind closed doors, and no one today knows who the administrative judges are or most of the advisors and monitors.
Above all Iraqi law with the power of God over all Iraqi people, The Special Court is the judicial arm of the imperial occupational system.
But don't take my word for it, read the Statute for yourself.
www.cpa-iraq.org...