Iraqi constitution (link to draft)

[Sanford Levinson]

Two quick comments, the first based on the following from today's NYTimes:
 

In the meantime, thousands of supporters of the deposed leader Saddam Hussein marched today in praise of him in Baquba, northeast of Baghdad, news agencies reported. The demonstrators danced and chanted Mr. Hussein's name and also condemned a threat by the Shiite and Kurdish-led government to push through a draft constitution without the agreement of Sunni negotiators.

The constitution, as I read it, does not ban capital punishment.  Is it not fairly clear, though, that it would be a political disaster to execute Saddam, tyrant though he may have been?  Put it this way:  Should the US have executed Jefferson Davis and Robert E. Lee, both of whom probably caused more harm than Saddam (though in a less grisly way, perhaps)?  Or, should the US have executed Hirohito,  without whose collaboration WWII would not have taken place in the Pacific?  One might say, of course, that it would be the Iraqis making their own decision, but, of course, the central question is which Iraqis.  Would the Sunnis go along with the execution?

The second comment refers to articles 31ff:  Note that the Iraqis follow the post-WWII model and include social rights, thereby exposing further the US as an outlier in this regard.

 

sandy

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