Saddam to Be Transferred in a Week; Lawyer Says That Violates Internationa

[liveoaktx]

http://ap.tbo.com/ap/breaking/MGBGHG0Q0WD.html

Coalition officials and the Iraqi government have agreed to transfer legal custody of Saddam Hussein in a week, a coalition official said Monday - but a military spokesman said he will remain in a U.S.-run jail for now because Iraqi government doesn't have a suitable prison.
The U.S. official, who spoke on condition of anonymity, made the remarks hours after the U.S.-led coalition handed power to an Iraqi interim government in a nearly secret ceremony in Baghdad. No further specifics on the timing were available.

The ousted Iraqi leader, however, will remain in the hands of U.S. troops, Brig. Gen. Mark Kimmitt told Associated Press radio on Monday.

"Prime Minister (Iyad) Allawi has said there are no facilities that he has available to hold Saddam in the amount of security that would be required, so he has asked the multinational forces to retain physical custody while legal custody is transferred over to the people of Iraq."

[papau]

1. Saddam has solid legal case - but Bush does not follow laws if in the way

Ziad al-Khasawneh, one of 20 Jordanian and foreign lawyers appointed by Saddam's wife, Sajidah, said the United States has no legal basis to keep prisoners, including Saddam, now that it has transferred authority to an interim Iraqi government.

"International law dictates that in such a situation, the occupation authority must release all prisoners of war - including Mr. President Saddam - and let them choose to leave to any country they wish to go to and under the protection of the occupying power and the United Nations," al-Khasawneh told The Associated Press on Monday.

"The United States would violate international law if it handed the president (Saddam) or other prisoners of war over to the interim Iraqi government."

Saddam was granted prisoner of war status after his capture. Although he is alleged to have committed crimes against his own people, he has not been charged with any offense.

[northzax]

3. indeed, even if we determined he was not a POW, but a regular prisoner

I find it unlikely that we actually had an extradition treaty, so we're stuck with him.

[Name removed]

4. Deleted message

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[papau]

5. Released to Iraq Gov with right to exile unless Iraq gov charges

him with crimes.

But that is just the law - the international law - and God knows we do not worry much about such things under Bush.

Alternatively he is in our custody under something other than a prisoner of war status-

So we keep him and our laws apply - he gets US court review per today's USSC decisions.

[gasperc]

2. what about the big party with all the TV cameras the DAY of handover

showing Saddam being trasferred, heard it myself last week on NPR, oh forgot I was in the alternate, alternate universe last week

[yankeeinlouisiana]

6. What happens if Saddam "escapes"?

This has been on my mind lately and I wonder, will they (Saddam supporters) try to break him out of jail?

There's probably a pretty low chance of this happening, but I can't help but wonder.

Any thoughts?