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June 14, 2004

How Do You Spell Colonialism?

Monday's Washington Post reports that the United States is asking that foreign contractors, some of whom shoot, detain or kill people in their capacity as mercenaries, remain above law. Some are already implicated in Abu Ghraib torture scandal and the jobs they undertake are no means small or trivial -- even security for Bremer is provided by these armed private groups.

In an early test of its imminent sovereignty, Iraq's new government has been resisting a U.S. demand that thousands of foreign contractors here be granted immunity from Iraqi law, in the same way as U.S. military forces are now immune, according to Iraqi sources. ...

If accepted by Prime Minister Ayad Allawi, it would put the highly visible U.S. foreign contractors into a special legal category, not subject to military justice and beyond the reach of Iraq's justice system.

Again, they would not even be subject to the U.S. military code which, however imperfect, at least provides for a trial. Some of the punishments have been ridiculous --like a year in prison and a dishonorable discharge for participating in torture for Spc Jeremy Sivits-- and nobody who actually has any rank, let alone the highest levels of government who are clearly implicated, seems likely to ever face a trial. However, I believe that even the knowledge that someday, somewhere, one could be tried is a world of difference from being promised full immunity no matter what you do; kill, rape, torture, steal, etc. Which is the environment that mercenaries have been operating until now and if the United States gets its way that's the way it will continue to be:


The question of the contractors' status also has arisen because of two U.S. contract employees at Abu Ghraib prison who were accused in a Pentagon report of participating in illegal abuse of Iraqi prisoners. The two -- Steven Stephanowicz of CACI International, an Arlington-based defense firm, and John B. Israel of the Titan Corp. of San Diego -- have not been charged with any crimes in Iraq or the United States, although some of their Army colleagues face military tribunals.

In case you are wondering, the U.S.-led occupation troops are already exempt from Iraqi law thanks to the letters exchanged by CIA-asset Ayad Allawi and the U.S. government who appointed him prime minister of Iraq:

As a result, there will be no need for an immediate status of forces agreement -- the kind that usually governs U.S. military presence in foreign countries, the official said. U.S. soldiers will continue to be subject to U.S. military justice only.

"We will continue to operate more or less as before," the official added.

Is there a more direct way of telling a people that their lives are of no consequence?

Posted by zeynep at June 14, 2004 12:00 AM

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Comments

Wait a second. Independent contractors? Isn't there an Army ban on private contractors for intelligence jobs? Ah, rules - who needs 'em?

http://apnews.myway.com/article/20040612/D835IBM80.html

Posted by: seth at June 14, 2004 01:09 PM

Perhaps not coincidentally I am reading Barbara Tuchman's "A Distant Mirror". Given the events of 2003 - 2004, the independent contractors (read brigands) all we need now is the Black Death. My - what progress we have made in 600+ years!

Posted by: Tookie at June 14, 2004 08:57 PM

Thanks for posting that link about the contractors. I'll try to look into it. I've just learned that there is a way to try contractors for crimes the commission of which would have resulted in one year or more imprisonment if committed in the United States. I'm trying to look into it.

Well, does AIDS count? I am looking forward to reading "A Distant Mirror" -- I love reading about that time period and especially about the plague. It's so spooky and scary yet so interesting.

Posted by: zeynep at June 17, 2004 01:21 AM

Does immunity lead to impunity?

Posted by: Ralph at June 27, 2004 08:39 PM

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