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<text id=91TT0537>
<title>
Mar. 11, 1991: A Case Of Nuremberg II?
</title>
<history>
TIME--The Weekly Newsmagazine--1991
Mar. 11, 1991 Kuwait City:Feb. 27, 1991
</history>
<article>
<source>Time Magazine</source>
<hdr>
THE GULF WAR, Page 36
A Case of Nuremberg II?
</hdr><body>
<p> As evidence--and rumors--of Iraqi outrages in Kuwait
mounted last week, allied calls for legal action against Saddam
Hussein and his minions were gaining momentum. For the moment,
George Bush ducked the issue, declaring, "We have to just wait
and see."
</p>
<p> Among U.S. legal experts, there is wide agreement that
Saddam Hussein, his Revolutionary Command Council and his
military officers should be held accountable for three types
of transgressions identified and prosecuted in the Nuremberg
trials of German leaders after World War II: crimes against
peace, crimes against humanity and war crimes. But since there
is no permanent international criminal court, there are
questions about who should conduct such prosecutions, what
precise charges would be made--and whether the chief target,
Saddam, could be brought to justice.
</p>
<p> International-law specialists suggest several possibilities
for convening a war-crimes tribunal--each with drawbacks. One
would be via the U.N., whose General Assembly endorsed the
Nuremberg principles in 1946. The U.N. could designate a panel
of judges drawn from the allied coalition as well as from
nations that were not involved in the gulf crisis. Such a
scheme, however, might face a veto in the Security Council by
the Soviet Union or China.
</p>
<p> A second option would see the coalition partners convene
their own tribunal, using Nuremberg as a model. As in 1945, the
judges would be drafted from among the victor nations. Experts
caution that this approach might look like "victors' vengeance"
and might offend those Arabs who still lionize Saddam.
Procedure could also become a sticking point since the
coalition partners have different legal systems. A third scheme
would have members of the six-nation Gulf Cooperation Council
convene trials, possibly under Islamic law.
</p>
<p> Even with agreement on the appropriate tribunal, questions
would remain about precisely what crimes are punishable and who
should be held responsible. Actions that breach the Geneva
Conventions of 1949, to which Iraq is a signatory, are patently
criminal: the use of civilians as human shields, the
mistreatment of prisoners of war and the targeting of civilian
populations. But was the polluting of the Persian Gulf during
the second week of the conflict a war crime? There is room for
doubt about the causes of the spill.
</p>
<p> Whatever the legalities, unless the Baghdad regime is
overthrown, it is unlikely that Saddam and his top henchmen
will be placed in the dock. Some jurists suggest they should
be tried anyway, in absentia. But even without that dramatic
event, the meticulous documenting of atrocities and the
punishment of Iraqis who carried out their superiors' most
unconscionable orders would serve a deterrent purpose and
underscore the justice of the allied cause. "The idea of a trial
would be to show the Arabs that Saddam Hussein is not the
great savior," says Howard Levie, professor emeritus of law at
St. Louis University. At the very least, a prosecution would
hold Saddam and his regime up to formal international scrutiny
for deeds that much of the world has already judged to be
barbaric.
</p>
<p>By Jill Smolowe. Reported by J.F.O. McAllister/Washington and
Andrea Sachs/New York.
</p>
</body></article>
</text>