# Saddam Hussein to be handed over for trial in Iraq: thoughts? **URL:** \ **Category:** Great Debates\ **Created:** [May 11, 2004, 3:53pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633 "2004-05-11T15:53:42Z")\ **Posts on this page:** 11\ **Page:** 1
**Author:** ![Eva\_Luna](https://avatars.discourse-cdn.com/v4/letter/e/e495f1/32.png) [@Eva\_Luna](https://boards.straightdope.com/u/Eva_Luna)\ **Post date:** [May 11, 2004, 3:53pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633/1 "2004-05-11T15:53:42Z")
”Saddam to be Handed Over Before Power Transfer U.S.-led forces will hand over Saddam Hussein and top officials of his former regime to the Iraqis before the handover of power, a top lawyer who is coordinating the toppled dictator’s trial said Tuesday.” [http://story.news.yahoo.com/news?tmpl=story&cid=564&ncid=564&e=1&u=/nm/20040511/ts\_nm/iraq\_saddam\_dc](http://story.news.yahoo.com/news?tmpl=story&cid=564&ncid=564&e=1&u=/nm/20040511/ts_nm/iraq_saddam_dc) Does anyone think Saddam Hussein can get a fair trial in Iraq? Can he anywhere? Will he even make it to trial, or would he be lynched in prison or otherwise meet a mysterious death first? Will the handover even happen as announced? How do you predict the chain of events? Is this a good idea? Why or why not? ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 11, 2004, 3:59pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633/2 "2004-05-11T15:59:30Z")
Somehow, I find it hard to be concerned about whether Saddam can get a fair trial in Iraq. Perhaps he should have thought about that before he became a savage dictator in his own country. ---
**Author:** ![Eva\_Luna](https://avatars.discourse-cdn.com/v4/letter/e/e495f1/32.png) [@Eva\_Luna](https://boards.straightdope.com/u/Eva_Luna)\ **Post date:** [May 11, 2004, 4:06pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633/3 "2004-05-11T16:06:23Z")
> [@John Mace](#): > > Somehow, I find it hard to be concerned about whether Saddam can get a fair trial in Iraq. Perhaps he should have thought about that before he became a savage dictator in his own country. Oh, I agree; I’ve got very mixed felings on the death penalty, but if there were ever a case for it, this would be one. But then there’s precedent…he’s not the only one to be handed over. Not to mention the potential hypocrisy on the part of the U.S. if he were handed over and then immediately killed; we aren’t exactly popular right now, you know. (Although come to think of it, that could actually win us some popularity…) ---
**Author:** ![smiling\_bandit](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@smiling\_bandit](https://boards.straightdope.com/u/smiling_bandit)\ **Post date:** [May 11, 2004, 4:10pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633/4 "2004-05-11T16:10:12Z")
If you’re really worried about that, you might note that he committed no crimes. Even if he specifically ordered someone to kill someone, that was quite legal. So, technically, he’ll be tried under ex post facto laws. Fortunately, Iraq has no current regualtion against them. 😉 ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [May 11, 2004, 4:14pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633/5 "2004-05-11T16:14:54Z")
How likely is this scenario? Saddam is found guilty and sentenced to prison. His supporters, who had been laying low, bide their time until the Americans leave. Suddenly, Saddam’s supporters seize control of the Iraqi military and Saddam is released from prison and put back in charge. ---
**Author:** ![cckerberos](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@cckerberos](https://boards.straightdope.com/u/cckerberos)\ **Post date:** [May 11, 2004, 4:17pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633/6 "2004-05-11T16:17:05Z")
> [@BobLibDem](#): > > How likely is this scenario? > > Saddam is found guilty and sentenced to prison. His supporters, who had been laying low, bide their time until the Americans leave. Suddenly, Saddam’s supporters seize control of the Iraqi military and Saddam is released from prison and put back in charge. Not very. I can’t imagine any scenario in which Saddam is not sentenced to death. ---
**Author:** ![Eva\_Luna](https://avatars.discourse-cdn.com/v4/letter/e/e495f1/32.png) [@Eva\_Luna](https://boards.straightdope.com/u/Eva_Luna)\ **Post date:** [May 11, 2004, 4:21pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633/7 "2004-05-11T16:21:59Z")
> [@smiling bandit](#): > > If you’re really worried about that, you might note that he committed no crimes. Even if he specifically ordered someone to kill someone, that was quite legal. So, technically, he’ll be tried under ex post facto laws. > > Fortunately, Iraq has no current regualtion against them. 😉 Was it? Hmmmm….does anyone know anything about Iraqi law, or international treaties to which Iraq is signatory, in this regard? There’s nothing which would prohibit an Iraqi from, say, planning genocide or ordering the murder of political prisoners? :: off to the U.N. treaty database :: ---
**Author:** ![alaricthegoth](https://avatars.discourse-cdn.com/v4/letter/a/4bbf92/32.png) [@alaricthegoth](https://boards.straightdope.com/u/alaricthegoth)\ **Post date:** [May 11, 2004, 4:36pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633/8 "2004-05-11T16:36:21Z")
> [@Eva Luna](#): > > Was it? Hmmmm?.does anyone know anything about Iraqi law, or international treaties to which Iraq is signatory, in this regard? There?s nothing which would prohibit an Iraqi from, say, planning genocide or ordering the murder of political prisoners? > > :: off to the U.N. treaty database :: Since the “top iraqi lawyer” who is running the trial, salem chalabi is (you guessed it) Achmed’s stooge (his nephew, to be precise) the one thing you can be certain of is that the evidentiary rulings will preclude discussion of certain embarrassing relationships, circa the nineteen eighties… ---
**Author:** ![Eva\_Luna](https://avatars.discourse-cdn.com/v4/letter/e/e495f1/32.png) [@Eva\_Luna](https://boards.straightdope.com/u/Eva_Luna)\ **Post date:** [May 11, 2004, 4:46pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633/9 "2004-05-11T16:46:53Z")
Darnit - the U.N. treaty database is now subscription-only! Darn cost-cutting. Off to look elsewhere… ---
**Author:** ![Mops](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mops/32/16494_2.png) [@Mops](https://boards.straightdope.com/u/Mops)\ **Post date:** [May 11, 2004, 5:38pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633/10 "2004-05-11T17:38:08Z")
I am reasonably sure murder was illegal under the Iraqi criminal code in force when Saddam was in power. The prosecutors might choose to just prove a few counts of common or garden murder. That might actually be best for later years - would make it harder to spin it as political persecution. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 11, 2004, 6:15pm UTC](https://boards.straightdope.com/t/saddam-hussein-to-be-handed-over-for-trial-in-iraq-thoughts/244633/11 "2004-05-11T18:15:29Z")
> [@smiling bandit](#): > > If you’re really worried about that, you might note that he committed no crimes. We don’t know that for sure, and I’d be very surprised if it were true. Dictators are notoriously good at having some facade of civilized law that they simply ignore whenever it inconveniently gets in the way of whatever they want to do. I doubt it’ll be difficult to find any number of capital crimes he can be convicted for.