Jeremy Scahill: Blackwater’s Loopholes

[babylonsister]

Blackwater’s Loopholes
Prosecuting private security contractors for shooting Iraqi civilians might be impossible.
by Jeremy Scahill

Federal agents investigating the Sept. 16 killing of 17 Iraqi civilians by operatives of the Blackwater security company have concluded that 14 were victims of unjustified and unprovoked shootings. Some died in a hail of bullets as they fled. The investigators also have rejected assertions by Blackwater that its forces were defending themselves, saying there is no evidence to support that claim.

This initial glimpse into the evidence uncovered by the FBI bolsters the Iraqi government’s claim (made within hours of the shootings in Baghdad’s Nisoor Square) that the killings were criminal, as well as the findings of a U.S. military investigation that called all 17 of the killings unjustified. But that raises a crucial and complicated question: Who will prosecute the killers?

The answer may be no one. That certainly seemed to be the view of veteran diplomat Patrick Kennedy, who recently reviewed the State Department’s use of private security. Kennedy and his team came back from Baghdad concluding that they were “unaware of any basis for holding non-Department of Defense contractors accountable under U.S. law.”

Although the FBI conclusions appear damning, each of the three potential avenues for prosecuting Blackwater have fatal flaws:

U.S. civilian law: The Military Extraterritorial Jurisdiction Act of 2000 provides for prosecution in federal court of U.S. contractors for crimes committed overseas. The problem is that this law only applies to contractors working for or directly accompanying the U.S. military. Blackwater works for the State Department in Iraq as “diplomatic security,” which is separate from military operations. Legislation has been introduced that would expand the act to apply to all contractors, but not retroactively. The Justice Department might argue that the Blackwater guards were indeed accompanying the military, but courts could well throw out such a case.

more...

http://www.commondreams.org/archive/2007/11/15/5245/