29 November 2007
Private security forces have operated in Iraq for about 4 years without fear of prosecution for illegal acts. U.S. criminal law does not apply to State Department contractors. Blackwater USA has killed men, women and children, many times without provocation and without fear of prosecution. Contractors are immune from Iraqi law, under Coalition Provisional Authority It’s time that Iraqis have a voice in the legal process.
This month, the House of Representatives passed legislation that would subject U.S. contractors to U.S. criminal law. This step was undone when, without consulting the Justice Department or possessing the authority to do so, the State Department granted Blackwater employees limited-use immunity which was followed by a bill the Iraqi Cabinet sent to Parliament that would put U.S. contractors under Iraqi jurisdiction. If the legislation passes all U.S. contractors would probably pull out of Iraq. I hope that it passes! The Iraqi government needs to be given some role when its citizens have been killed. To my mind, a joint decision between the U.S. and Iraq is needed for fairness.
It is unrealistic at this juncture to assume Iraqi courts could deal fairly with a foreigner caught in the middle of multiple sectarian civil wars. The best solution for now is to provide a responsive legal structure under which the U.S. can retain jurisdiction and Iraqis can investigate and present their allegations. That way, we can assure fair treatment of Americans charged with criminal conduct, increase our perceived legitimacy, and demonstrate our respect for Iraqi lives.
Entries (RSS)