Thoughts on Iraq v. Saddam et al. (as promised)

Okay, let's take the required boilerplate about the triumph of justice over barbarism, the redemption of Iraqi society, etc. etc. as given. (Not that I don't mean it; but I don't intend for this blog to be an echo chamber.)

The interesting issues here all relate to the benefits of having Iraqis try Saddam as against a Balkans-style international tribunal; and pace to the ICC-skeptics, the null potential of acquittal in either venue is not a factor in deciding which is best.

The strongest point in favor of an Iraqi trial is that it would bequeath to Iraqis a sense of self-determination that while still abstract, is far more particular and more easily appreciable than the nominal sovereignty granted by Mr. Bremer in his departure. It would allow Iraqis to claim with some justification that they---and not the Americans or the British---were the ultimate arbiters of justice in Saddam's case. A corollary point, of less immediate but greater long-term importance than the emotional salve provided by a domestic trial, is that an Iraqi trial conducted fairly, impartially, and with all due rights accorded to the defendant (though not a scrap more than what he is entitled to), would establish a potentially unbreakable precedent for the conduct of a constitutional judiciary.

However, from a strictly legalistic standpoint, I would think that the cause of human rights and international justice absolutely demand a reckoning between Saddam and the community of civilized nations. While Iraqis were his principal victims, his myriad crimes were perpetrated against all of humanity. Just as the prosecution in Anglo-American criminal justice represents not just the immediate victim, but the whole of the state (Virginia v. Smith or Rex v. Smythe), the Anglo-American judicial principles enshrined at Nuremberg treat war crimes and crimes against humanity as matters that must be resolved internationally. And even from a practical standpoint, the entire civilized world---not just Iraq---has a bill a grievances with Saddam that has to be settled.

In the coming days I'll try to work out my position more definitely. Meantime, I welcome suggestions on how to balance the concerns of international justice with the concerns of nation-building in Iraq.