Justices say Iraqis must rule on leaders

? Supreme Court Justices Sandra Day O’Connor and Anthony M. Kennedy said Thursday that Iraqis alone must determine the right way to mete out justice to the country’s former leaders.

In an interview with The Associated Press, the justices also expressed concern about photographs of American soldiers mistreating Iraqi prisoners. They refused to comment directly about abuse allegations because any punishment of U.S. personnel might be appealed to the high court.

The justices were among a panel of international legal experts who met with 28 Iraqi judges in the Netherlands last week. The subject of detainee abuse did not come up, the justices said, but the way to handle deposed leader Saddam Hussein and other former Iraqi leaders did.

Saddam is being held by the United States in an undisclosed location. He is expected to be turned over to an Iraqi war-crimes tribunal to face charges that could include genocide and crimes against humanity.

The justices did not disclose specifics of what was discussed but said Iraqis alone should determine the appropriate punishment.

“The people of Iraq and certainly the judges there will have to come to grips in time with what to do about the former regime and leaders in it and whether some should be held criminally accountable for past crimes and, if so, where do you draw the line,” O’Connor said.

“We don’t have answers for that,” she said, noting other wartorn countries have used such prosecutions as healing experiences.

Added Kennedy: “It’s not for us to enter into that debate. There was some difference of opinion, but discussed in a very rational, balanced, reflective way.”

Since the U.S. invasion, Iraq’s courts have been rebuilt under the protection of coalition forces, but judges regularly are threatened and four have been killed. The justices said they were impressed by the Iraqi judges they met.

“You have to find small islands, small pockets of stability and reliability and build out from there,” Kennedy said. “And it was apparent to us … that these dedicated jurists represent a reliable source of stability, responsibility, respect for the law.”

The conference included the most senior judge in Britain and the head of a U.N. war crimes tribunal. Most of the Iraqi judges at the meeting already preside over domestic courts.