War is hell – but there are standards

[Bruce Monkhouse]

I know if you do it within a set time, the 'last edited' doesn't show up. [except when we edit someone elses post, that always shows up]

But enough of that,...lets get it back on topic.
Thanks,
Bruce

 

[Drag]

Are you editing after the fact?  I don't remember a lot of that text being there a few posts ago.  It just might be my insomnia as well...


You're right iraq pulled out of the ICC at the behest of the US a few years ago.  There have been documented cases of UN security council members requesting investigations and or a tribunals which have been granted.  In those cases the Hague, being founded on both the Hague and Geneva articles (to which Iraq is still a signatory), becomes the court of choice.  I am not so sure whether the power of veto is available in these circumstances.  In any event it is feasable, but being the UN it would be a nightmare to even attempt.  Getting UN members to play nice is an impossible task. 

Since the UK courts are handling this, my guess is it has fallen under the purview of private international law to which both are signators of Hague/Geneva.  That commonality could transfer jurisdiction if both agreed.  I suspect the real motive is that if these guys have to serve time, then they'd rather do it in the relatively safer UK penal system.

I think it's the perps' lawyer that is trying to get it in front of British Courts and get them to stop the Army from handing them over to Iraq. Disclaimer: I am not a lawyer nor do I play one on TV.  That being said, I think that the reason why the perps were not initially tried by the Brits was that ordinary British courts probably lack jurisdiction to try crimes committed outside of the UK.  A special Tribunal would have to be set up, probably by an act of parliament or something similar.  This is pure conjecture on my part....

 

[Brad Sallows]

>So you're against the Continental system of justice, which requires the defendant to prove innocence, as practised by France and many other countries?

In criminal cases I prefer the burden of proof to lie firmly with the prosecution, but I also prefer a court in which _all_ officers of the court are duty bound to explore and reveal all facts pertinent to the case.  Get everything on the record, then weigh it.