Is it illegal by international law for the US to hand over Saddam to his enemies?

[kentuck]

That is the argument that Saddam's lawyers are now making. They say that under international law, no country is permitted to execute or to hand over a prisoner of war to his adversary. If Bush ignores international law, what can anyone do? With that said, I would say that the execution is probably being sped up as we speak. In fact, Saddam may already be dead?

http://www.chron.com/disp/story.mpl/ap/world/4430147.html

[Deep13]

1. Iraq is not his adversary.

He was tried in his own country by its own civil courts.

[kentuck]

2. He is being detained by the US Government...

...not the Iraqi government. Does that not matter?

[NewYorkerfromMass]

3. actually he lived in a somewhat different country

one where the Sunni ruled. The tables have been turned and now he is facing his adversary the Shia.
I think there is something to this arguement, and alhough he probably does deserve death, I am opposed to the death penalty.

[BushOut06]

4. How did he get there?

Through an illegal invasion, held by illegal occupiers, and tried by a government propped up by the US.

Yeah, that seems legit.

[PDJane]

6. Thank you........

That is the point, yes.

[dave_p]

5. Law? What law?

This is why the US was so keen to proclaim Iraqi "sovereignty" even though the "transfer" had to be conducted secretly two days ahead of schedule: if it can present itself as no longer an occupying power, it can claim it's not responsible for anything.

It's an odd flip-flop from the 1980s, when the US and Britain insisted on international recognition the remnants of the Pol Pot regime on the grounds that he'd been removed by a foreign power, namely Vietnam.

By that reasoning, Saddam is still the sole lawful President of Iraq. But law and reason mean nothing in these times. It's just another murder to pile onto the mountain of dead.

[dave_p]

7. Blair's hypocrisy

Britain does however have a policy of not handing accused over for capital punishment. By collaborating in the invasion, it's done just that. Yet scum like Blair & Beckett welcome Saddam's murder. So much for "ethical" foreign policy.