very well argued, Ed.
If Iraq can be given a credible legitimate govt, comprising legislature, executive and judiciary, that can be SEEN to be functioning more or less properly, then there's no problem to outside observers with him being tried in Iraq. However as long as Iraq's "rulers" rely on a massive American military presence and instruction from the Coalition Provisional Authority, which is, via Bremer, the White House in reality, then it simply will not be SEEN to be open and above board, hence why I think an international body should deal with Saddam's fate.
You must remember also that when we speak of Iraqis, there are many different sorts of Iraqis. Indeed u could easily argue that there is no Iraq at all other than a political fiction invented by the British after the collapse of the Ottoman Empire, which just threw a lot of mutually hostile ethic groups together (hmm sounds horribly familiar) which was of course the basis for Saddam's territiorial claim on Kuwait. So Iraqis trying Saddam for crimes against Iraqis, involves exactly which Iraqis? Ok he did bad things to pretty much all of them, the Ba'ath regime was essentially secular in its repression but always favoured Sunni Arabs above any other ethnic group.
Now the Kurds are an interesting case here. Saddam brutalised the Kurds terribly despite nominal Western guarantees of their safety. He even gassed them as u all know, most infamously at Halabja (I still shudder at the memory of that) so by any standard of natural justice he deserves to hang for that, if nothing else! Unfortunately, what say will the Kurds have now? The US military is currently taking action against the PKK in order to keep the Turks out of Northern Iraq, which essentially means that the US is doing Turkey's dirty work for it. Similarly the US is acting against a large group of fundamentalist Iranian dissidents and guerillas who are holed up along the northern border with Iran, who are persona non grata with the Iranian govt, because the US doesn't want Iran interfering with the Shia - this is the price extorted by the Iranians to keep out of Iraq (for now)
there's no argument about these facts, even though it's not widely publicised. It might come as a nasty surprise to some of you, and for that I'm sorry but truth is truth and these are dark and murky waters. The reality is that the US has had to cut deal after deal just to keep the Provisional Authority and the Ruling Council creaking along. There's no figure around whom the bulk of Iraqis can unite, unlike Afghanistan where Karzai was natural leader after the death of Ahmed Shah (who he u say? long story,) because Saddam made dam' sure there could be no rivals. Myself I think it will take an awfully long time for any legitimate and credible indigenous govt. to develope in iraq, and unless the US is prepared to stay there for years, what govt. there is will collapse as soon as the US loses its resolve and b*ggers off. The place will degenerate into civil war and anarchy, like Lebanon, like Bosnia, like Rwanda, like Somalia, like Afghanistan (after the Russians left) What uv seen so far is nothing, especially if the US p*sses off the Shia, who have not forgiven the Allies for what they see as the betrayal of '91.
Matters are seen differently in the Arab world, perceptions are different. Bush sacked all the Clinton arabists amongst his advisors and thus remains blithely ignorant of Arab matters. Saddam remains a hero and a victor to many Arabs despite his total military humiliation after Kuwait, because he survived with his power intact. This is a very difficult concept for westerners to grasp, but arabs understand it perfectly. The fact he fought the Americans again, stood up to an invasion of his country and didn't abandon his people but stayed and fought, only increased his prestige amongst disaffected Arabs. Just because we in the West see him as a murderer and a tyrant doesn't mean everyone else does, and a trial in Iraq is not going to change that. U might think the opinions of a few arabs doesn't matter, well it's not a few Arabs, it's millions of them, and yes it does f***ing matter if they drive suicide trucks into restaurants, and fly planes into skyscrapers. This is why we (meaning the US and it's allies) must be very, very careful now. Things must be done right, or nothing will change in the Middle East, despite what the bullish elements in the American administration and media would prefer. Do you want to be invading some grotty arab country every few years? does America have the resources to occupy every hostile state? Not really on, is it? So the opportunity that has now arisen to demonstrate US bona fides should be taken, or we'll all just be laying up trouble for the future.
But of course, no-one learns from history. i have a bad feeling about all of this
i'm sorry to be hard on u guys over this, I know for the Americans especially this is an emotionally charged issue; which is exactly why it should be a matter for the international community.