Iraq Proposes Removing Contractors' Immunity
The immunity that private security contractors working in Iraq have enjoyed since 2004 could be on its way out. The Iraqi Cabinet approved a draft law today that would allow foreign security contractors to be arrested and prosecuted if they break Iraqi laws.
The Iraqi government's move followed the news that the U.S. State Department offered employees of one of the contractors, Blackwater USA, immunity from prosecution by the United States in exchange for their statements about a shooting last month that killed 17 Iraqi civilians. NPR national security correspondent Jackie Northam reports that the State Department wasn't authorized to make that offer and that the FBI now has to re-interview the guards without a promise of immunity, making it much harder to prosecute anyone. Several guards have reportedly refused to answer questions again.
But could the Iraqis prosecute the security guards under their own laws if immunity is removed?
Not likely, Jackie told me. In the first place, the law would have to be applied retroactively to cover the Sept. 16 shooting, and there's no indication so far that it will be. And even if the contractors could be prosecuted, there's no reason to believe the U.S. government would send them back to face trial in Iraq.
However, the draft law may affect how contractors operate in the future. Jackie talked with Doug Brooks, president of the International Peace Operations Association, a group of private contractors working in conflict zones. Although Brooks says he doesn't think the Iraqi government will actually make a major change, revoking immunity could present a huge "legal and ethical issue" for contractors.
"Are you going to send employees to be under a legal system that questionable? I can see companies balking at doing that," he said.
Brooks added that he thinks the Iraqi government will see that forcing so much support staff to leave the country would not be in its favor. But if the law does fundamentally change, companies will likely hire Iraqis as guards, he said.
1:20 PM ET | 10-30-2007 | permalink


