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Legal Paradox with Saddam Hussein

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posted on Jul, 5 2004 @ 04:08 PM
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I was reading a thing about Saddam's trial the other day...
It appears there is a slight problem...
He is still, technically, the current President of Iraq, as the US invasion of Iraq was technically illegal.. Therefore he is still technically immune from prosecution.
Any lawyers on ATS?



posted on Jul, 5 2004 @ 04:38 PM
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he is as about as immune as hitler would have been had he lived. hes no longer president, there is a new government in iraq too.



posted on Jul, 5 2004 @ 04:51 PM
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I believe legally he is still leader, because the war was illegal. Hitler, on the other hand, fully declared war, and was defeated from an offensive view. e.g. he initiated it, whereas this time saddam didnt.



posted on Jul, 5 2004 @ 05:18 PM
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It is not true that Presidential status provides for international legal immunity for either of Saddam Hussein or George W Bush... no matter how many "presidential" or "executive" orders either of them ever signed. What happens in practice happens because of politics not national or international judicial systems.

[edit on 5-7-2004 by MaskedAvatar]



posted on Jul, 5 2004 @ 05:22 PM
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I believe Hussein granted himself immunity, such as Chirac has done in France.



posted on Jul, 5 2004 @ 05:30 PM
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Originally posted by browha
I believe Hussein granted himself immunity, such as Chirac has done in France.



As did Bush for himself and his cronies.

Which is precisely why they are not immune.



posted on Jul, 5 2004 @ 07:14 PM
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Originally posted by spangbr
he is as about as immune as hitler would have been had he lived. hes no longer president, there is a new government in iraq too.


i don't think the hitler analogy is very apt, for two reasons: 1.) we don't know how for certain how hitler would have fared at nuremburg. i could picture a scenario where eichmann and some other cronies took a lot of heat for him. 2.) saddam was in fact offered immunity by the us just before the war began, yet still after decades of "hitler-ish" behaviour.

www.buzzle.com...

that said, it is true that it is very unlikely that the US coalition would now consider any form of immunity for saddam, if only because public opinion in both the US and Iraq dictates he be punished.

koji K.




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