17th ammendment
"nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Rummy has skirted around it by holding "Terrorists" in Cuba. Had they been transported to the USofA they would be subject to a proper Arraignment.
Also with the patriot act... the ammmendment is null and void if you are labeled a "terrorist".
Saddam is being tried for INTERNATIONAL war crimes against humanity.