The Corner

Who Needs a Tribunal?

Another one of my colleagues at Case, Andrew Morriss, has another view:

The notion of neutral judges for a trial of Saddam is unnecessary. Neutrality is important in protecting individuals from the state. When judges are dependent upon the state for their positions (as with colonial judges), they are biased in favor of the state. In the case of Saddam, there are no issues of fact (he did order the Kurds gassed, etc.) and the only question is the appropriate means of punishment. Simply handing Saddam over to the Kurds, for example, would result in justice that is both “real” and retaliatory. Just as the Italian people knew what to do with Mussolini at the end of WW2, so the Iraqi people will have no trouble figuring out the just way to handle Saddam. I doubt we will even need to provide the lamppost or the rope. Mussolini got what he deserved; Saddam should too.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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