Reply #6: Keith idema and international law.

[seemslikeadream]

Dr. Martin Brass

Why are American citizens charged with international crimes being tried in a foreign court, without U.S. officials strongly insisting that due process protections must be implemented. Especially considering the recent U.S. military prison torture scandal.

Some of the most brilliant attorneys or judges I have met, worked with, or trained under, are from Afghanistan, Pakistan, Bangladesh, India and other parts of Asia. Many are trained in the Western Common Law or Civil Law traditions. At this stage the question of the Judge's competence does not raise a flag in my mind.

Afghanistan has a new constitution since January and new guidelines are being drafted by International organizations. The new criminal code has due process protections in its language, "but the implementation is the problem, according to Tiffany.

His concerns are valid. I remember being highly impressed with the flowery language of the U.S.S.R. Constitution when I was studying law in Moscow and St. Petersburg. But the application and interpretation of that constitution was frighteningly arbitrary. The state of Afghan's legal system, from what Tiffany said, is not very encouraging.
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