Unfortunately, re-establishing the death penalty is somewhat irrelevant to any punishment that any court might sentence Saddam to.
Changes in the law cannot be applied retrospectively, particularly to a time before the current government were in power. This would be a complete breach of justice. If somebody does something that is not against a law, you cannot arrest them, change the law to make what they did illegal, then find them guilty. Similarly, if the do something illegal, you cannot change the law to apply a different punishment ? this is effectively deciding to give whatever punishment you like and makes a mockery of law.
Laws that apply to actions and punishments for people found guilty can only be based on the laws in effect when the crime was committed. Whilst I have no sympathy for Saddam, I feel that if the Iraq government is to have credibility, they must behave in a just and fair manner.
Similarly, if somebody does something in a country that is not against any law in that country but is against the law in a different country, then you cannot take them to a different country and find them guilty. As a trivial example, the speed limit in the UK is 70 m.p.h, but in the US is 55 m.p.h. Somebody driving at 70 in the UK is doing nothing wrong. When they visit the US, they cannot be charged and found guilty of breaking the speed limit.
Unfortunately, re-establishing the death penalty is somewhat irrelevant to any punishment that any court might sentence Saddam to.
Changes in the law cannot be applied retrospectively, particularly to a time before the current government were in power. This would be a complete breach of justice. If somebody does something that is not against a law, you cannot arrest them, change the law to make what they did illegal, then find them guilty. Similarly, if the do something illegal, you cannot change the law to apply a different punishment ? this is effectively deciding to give whatever punishment you like and makes a mockery of law.
Laws that apply to actions and punishments for people found guilty can only be based on the laws in effect when the crime was committed. Whilst I have no sympathy for Saddam, I feel that if the Iraq government is to have credibility, they must behave in a just and fair manner.
Similarly, if somebody does something in a country that is not against any law in that country but is against the law in a different country, then you cannot take them to a different country and find them guilty. As a trivial example, the speed limit in the UK is 70 m.p.h, but in the US is 55 m.p.h. Somebody driving at 70 in the UK is doing nothing wrong. When they visit the US, they cannot be charged and found guilty of breaking the speed limit.