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"The strongest charge against the tyrant is the waging of aggressive war against Kuwait in 1990 and the subsequent war crimes committed during that conflict. His legal team, however, says they have that base covered. "We have a memo from the Iraqi Ministry of Justice that makes clear that the powers of the commander-in-chief cannot be second-guessed by the Iraqi Congress, and are not subject to international law," said one team member. "It's signed by one John al-Ashcroft, and it lays out the legal argument for the President's ability to wage war when and how he sees fit. We think it's a great memo and we expect it to get our guy off the hook." The memo also reportedly argues that torture may be legal under the doctrine of necessity, and that international legal obligations against torture do not apply to Saddam when acting in his capacity as commander-in-chief of Iraq's armed forces.
Doubts about the memo's authenticity have surfaced, however, as it looks like a third-generation copy, appears to be written on U.S. Department of Justice stationery, and is written in English. In any case, U.S. experts were skeptical the memo would work. "Everybody knows only the American president is allowed to ignore international law," said one American lawyer. "Foreigners have to obey it because it's international, which means 'of or applying to foreigners.' I mean, that's just obvious."
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