The dismissed case against five American security contractors charged with committing manslaughter in Iraq illustrates the complexities of fighting an enemy that chooses to wage war among civilians. --- they're called terrorists and don't deserve legal protection
torture them for info while they're doing time at hard labor On Jan 7, 5:21 am, Bruce Majors <[email protected]> wrote: > The Blackwater lynching > > Rate this story > /critic/1/1/79/407140/vote/?r=/news/2010/jan/07/the-blackwater-lynching/ > /critic/1/2/79/407140/vote/?r=/news/2010/jan/07/the-blackwater-lynching/ > /critic/1/3/79/407140/vote/?r=/news/2010/jan/07/the-blackwater-lynching/ > /critic/1/4/79/407140/vote/?r=/news/2010/jan/07/the-blackwater-lynching/ > /critic/1/5/79/407140/vote/?r=/news/2010/jan/07/the-blackwater-lynching/ > > Average 0.00 > after 0 votes > Login or register to rate this story <javascript:registration_callback();> > *Justice targeted security contractors to score political points* > > - Font Size > -<http://www.washingtontimes.com/news/2010/jan/07/the-blackwater-lynchi...> > +<http://www.washingtontimes.com/news/2010/jan/07/the-blackwater-lynchi...> > - > Print<http://www.washingtontimes.com/news/2010/jan/07/the-blackwater-lynchi...> > - Email <http://www.washingtontimes.com/mailfriend/79/407140/bf541d4d8b/> > - > Comment<http://www.washingtontimes.com/news/2010/jan/07/the-blackwater-lynchi...> > - Tweet > this!<http://www.washingtontimes.com/news/2010/jan/07/the-blackwater-lynchi...> > - Yahoo! > Buzz<http://buzz.yahoo.com/buzz?publisherurn=washington_ti859&guid=http%3A...> > - Share <http://www.addthis.com/bookmark.php?v=250&pub=washingtontimes> > > - Article > - Comments > (0)<http://www.washingtontimes.com/news/2010/jan/07/the-blackwater-lynchi...> > - > Click-2-Listen<javascript:OpenC2LWindow('WashingtonTimes','news_2010_jan_07 > _the-blackwater-lynching',m_nwamp3_file,'dfp_zone='+sitepage,'WashingtonTim > es','','Production');void(0);> > > MORE EDITORIALS STORIES > > - Letting crooks & illegals > vote<http://www.washingtontimes.com/news/2010/jan/07/letting-crooks-illega...> > - EDITORIAL: Constitutionally unhealthy > 'reform'<http://www.washingtontimes.com/news/2010/jan/07/constitutionally-unhe...> > - EDITORIAL: The Blackwater > lynching<http://www.washingtontimes.com/news/2010/jan/07/the-blackwater-lynching/> > - LETTER TO THE EDITOR: And people thought Bush was > stupid<http://www.washingtontimes.com/news/2010/jan/04/and-people-thought-bu...> > > By THE WASHINGTON > TIMES<http://www.washingtontimes.com/staff/washington-times/> > > The dismissed case against five American security contractors charged with > committing manslaughter in Iraq illustrates the complexities of fighting an > enemy that chooses to wage war among civilians. Worse, it exposes the > equally dirty battles conducted by government agencies against our own > warriors when bureaucrats respond to political pressure. > > In September 2007, 17 Iraqis were killed and 20 wounded in a shootout that > took place in Nisour Square in Baghdad, the result of a tragic > misunderstanding during a response to a car bombing. In December 2008, five > security contractors employed by Blackwater Worldwide (now known as Xe) who > took part in the incident were charged with manslaughter, attempted > manslaughter and weapons violations. The prosecution claimed the contractors > opened fire without provocation. The defense team said the men had acted in > self-defense. > > A year later, U.S. District Judge Ricardo Urbina dismissed the charges, > ruling that the Justice Department violated the defendants' constitutional > rights by building their case using sworn statements given under a promise > of immunity, and calling the government's explanations "contradictory, > unbelievable and lacking in credibility." > > As Jim Hanson explains on the preceding page, the case against Blackwater > was suspect from the beginning. Key evidence that clarified the course of > events and the state of mind of the defendants was ignored or suppressed. > Revelations of the Justice Department's mishandling of the case underscore > its political nature. > > The Nisour Square incident became an instant controversy worldwide. A > November 2007 State Department internal report noted that, "since this issue > hit, print and broadcast media have referred to Blackwater USA and its > personnel as 'mercenaries privatizing war, war-dogs, trigger happy shooters, > soldiers of fortune, [and] guns-for-hire.'" The report noted that, "almost > all global observers expressed anger that Blackwater - and other private > security firms - can operate in a grey legal area as a 'private army' > because ... the U.S. does not have a formal Status of Forces Agreement > [SOFA]." The incident became a cause celebre among President George W. > Bush's domestic critics who were eager to find another My Lai Massacre. > > The Blackwater matter framed SOFA negotiations in 2008, particularly when > discussion turned to criminal jurisdiction over contractors. Decree 17, > issued in 2003 by U.S. Administrator in Iraq L. Paul Bremer under the > auspices of the Coalition Provisional Authority, had given contractors > immunity from Iraqi laws. Iraqis saw this as an infringement on their > sovereignty that facilitated tragedies like that at Nisour Square. The draft > SOFA agreement was hammered out in the summer and fall of 2008, while the > Justice Department was preparing its charges against the contractors. The > government of Iraq gave final approval to the agreement on Dec. 4; > indictments were issued four days later; and Mr. Bush signed the SOFA the > following week. The negotiation timeline suggested a quid pro quo. > > In the long run, the United States gained nothing from trying to make an > example of these men. American observers, whether or not they agree that the > contractors acted in self-defense, see the case as a vindication of the > process that protects the rights of the accused. But observes in the Middle > East conclude the opposite. An editorial in Dubai's Khaleej Times said "a > denial of justice in the Blackwater case clearly suggests that a privileged > few are above the law." The lesson we draw from it is that war crimes are > not limited to the
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