Attention All International Law Watchers in Lincoln?

August 22, 2005 at 3:33am By: Mr. T Posted in Mr. T's Den

...Both of you… I recently heard a rumor, to be taken with a healthy dose of salt (as all rumors should be), that the good old European Court of Human Rights might play a role in the future of everyone’s favorite guy - Saddam Hussein. I’m currently doing some research on the ECHR line of cases involving extradition to foreign jurisdictions. A little less than 2 months ago, the ECHR denied a request from Hussein’s lawyers (who were recently fired) to prevent the transfer of him to a jurisdiction where he might face the death penalty (ie Iraq).  I imagine the request was made assuming the UK’s involvement in the now defunct occupation “Coalition Provisional Authority,” with reference to the classic ECHR Cyprus cases and the recent 2004 Ilascu case (recognizing responsibility and ECHR obligations of European governments for actions of proxy governments/areas under occupation).

Well there are a few problems here for Saddam’s lawyers - the main one namely being that the UK had, I believe, a limited or no role in his actual capture and current dentention. And even if they did, it wouldn’t seem to fit the Soering line of cases requiring a direct link between extradition to foreign jurisdictions and possible death due to the criminal codes of non-European nations. Still, I am told that the ECHR MAY accept further arguments from his lawyers. I will try and keep an eye on this but I personally doubt anything will come out of this, but it does make for an interesting footnote for your next paper/argument at least.

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The Comments

Steve August 22, 2005 at 3:52pm

I’m starting International Law today so maybe I’ll have some amateurish input on these posts in a few weeks.

Abe of Lincoln August 24, 2005 at 4:41am

Hmmm. He’s fighting to avoid extradition to Iraq from within Iraq after being captured in Iraq?

I think the law is just complicated for a mere chemist to understand. smile

Mr. T August 28, 2005 at 1:23am

“Hmmm. He

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