Order 17: Killing With Impunity - America's Mercenaries in Iraq

[Solly Mack]

US Contractor Banned by Iraq Over Shootings

A spokesman for the Ministry of Interior, Brig. Gen. Abdul Karim Khalaf, said Monday that authorities had canceled the company's license and that the government would prosecute the participants. But under the rules that govern private security contractors here, the Iraqis do not have the legal authority to do so.

A law issued by the American authority in Iraq before the United States handed over sovereignty to Iraqis, Order No. 17, gives the companies immunity from Iraqi law. A security expert based in Baghdad said Monday night that the order, issued in 2004, had never been overturned. Like others, he spoke on the condition of anonymity because the matter remains under official inquiry.


What happens to private contractors who kill Iraqis? Maybe nothing

Because of an order promulgated by the Coalition Provisional Authority, the now-defunct American occupation government, there appears to be almost no chance that the contractors involved would be, or could be, successfully prosecuted in any court in Iraq. CPA Order 17 says private contractors working for the U.S. or coalition governments in Iraq are not subject to Iraqi law. Should any attempt be made to prosecute Blackwater in the United States, meanwhile, it's not clear what law, if any, applies.

Iraqi security in private hands

A decree named Order 17, promulgated by CPA chief Paul Bremer on 26 June 2003, exempts coalition staff both military and civilian from Iraqi legal action.

It also frees contractors - and their contractors in turn, which effectively includes any security hired by firms paid by the US government - from being sued for work which forms part of their contract.

Even if they step outside those boundaries, explicit written permission from the CPA chief is needed for legal action to be allowed.

"So what?'' you might think, since the CPA is now no more.

But its successor body, the US Department of Defense's Project and Contracting Office, looks set to inherit Order 17 - at least till September and possibly till elections due early in 2005.




Coalition Provisional Authority Order Number 17

2) Contractors shall not be subject to Iraqi laws or regulations in matters relating to the terms and conditions of their Contracts, including licensing and registering employees, businesses and corporations; provided, however, that Contractors shall comply with such applicable licensing and registration laws and regulations if engaging in business or transactions in Iraq other than Contracts. Not withstanding any provisions in this Order, Private Security Companies and their employees operating in Iraq must comply with all CPA Orders, Regulations, Memoranda, and any implementing instructions or regulations governing the existence and activities of Private Security Companies in Iraq, including registration and licensing of weapons and firearms.

3) Contractors shall be immune from Iraqi legal process with respect to acts performed by them pursuant to the terms and conditions of a Contract or any sub-contract thereto. Nothing in this provision shall prohibit MNF Personnel from preventing acts of serious misconduct by Contractors, or otherwise temporarily detaining any Contractors who pose a risk of injury to themselves or others, pending expeditious turnover to the appropriate authorities of the Sending State.In all such circumstances, the appropriate senior representative of the Contractor’s Sending State in Iraq shall be notified.



Additional Info from 2004

U.S. Immunity in Iraq Will Go Beyond June 30



From 2007


Private Security Contractors in Iraq - Background, Legal Status,and Other Issues

Contractors working with the U.S. military (or with any of the coalition forces)
in Iraq are non-combatants who have no combat immunity under international law
if they engage in hostilities, and whose conduct may be attributable to the United
States. Section 522 of the John Warner National Defense Authorization Act for
FY2007 (P.L. 109-364) makes military contractors supporting the Armed Forces in
Iraq subject to court-martial, but until the Department of Defense publishes
implementing regulations,it is more likely that contractors who commit crimes in
Iraq would be prosecuted under criminal statutes that apply extra-territorially or
within the special maritime and territorial jurisdiction of the United States, or by
means of the Military Extraterritorial Jurisdiction Act (MEJA). Iraqi courts do not
have jurisdiction to prosecute contractors without the permission of the relevant
member country of the Multi-National Forces in Iraq.

It is possible that some
contractors may remain outside the jurisdiction of U.S. courts, civil or military, for
improper conduct in Iraq.

[mmonk]

1. I'll add this I wrote concerning orders and intent.

http://journals.democraticunderground.com/mmonk

It mentions order # 17.

[Solly Mack]

2. Excellent! Thank you for adding!!

[mmonk]

3. Thanks for your post.

If more people understood in this country, this mess would be over.

[Solly Mack]

4. I would hope so anyway

not all that sure though

[mmonk]

5. At least they couldn't keep making false arguments

and would be forced into quit debating in wrongly framed terms.

[Toots]

6. They can however ask the US government that they be removed from their country

Bush* can tell the Iraqis to go to hell which I am sure is what he will do. This is a good example of what "Occupation" means. America is in charge not Iraqis..Iraqis do only what they are told to do...Ain't Freedom great. They be damn glad we "Liberated" them I am sure..

[Solly Mack]

7. I predict an increase in contractors being targetted...

but maybe not...

[mmonk]

8. Most likely.

Iraqis know what is contributing to their failed state.

[Solly Mack]

13. Yes, they sure do

Blackwater was the one group (of contractors) that my husband said caused the most problems for soldiers because of the way they (Blackwater) behaved

[mmonk]

9. This part is infuriating

It is possible that some
contractors may remain outside the jurisdiction of U.S. courts, civil or military, for
improper conduct in Iraq.

[Solly Mack]

10. I know, mmonk. How do I respect a government that allows that?

[Solly Mack]

11. Didja see this yet?

"Hassan al-Rubaie, a member of the parliament's Security and Defense Committee, said an investigative committee has been formed and members would consider abolishing the immunity law."

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1832393

[mmonk]

12. Thanks for pointing that out.