Chief Bones
Forums Grumpy Old Man
Immunity for Blackwater ... and NO SOFA .....
I can see where this places the US Government and military commanders in Iraq between a rock and a hard spot. Danged if you do turn violators over to the tender mercy of Iraqi justice, and danged if you don't at least try them in our own courts for violation of Iraq law. The real problem has more twists and turns than a gordian knot and will be more difficult to untie than the knot.
Understand now ... the blanket immunity that Blackwater operates under, was written/agreed to prior to there being an Iraqi Provisional Government. Thus there could NOT be a SOFA because the IPG didn't exist at that time................
One remedy is not being discussed: the State Department can waive immunity for contractors and let the case be tried in the Iraqi courts under Order 17, which is the section of the Transitional Administrative Law approved in 2004 that gives contractors immunity.
L. Paul Bremer III, who supervised the drafting of the immunity order as administrator of the United States occupation authority, said: "The immunity is not absolute. The order requires contractors to respect all Iraqi laws, so it's not a blanket immunity."
The order was intended as a substitute for a status of forces agreement, which can be made only with a sovereign country, Bremer said. While the military has immunity from Iraqi law, it agrees in exchange to subject its members to American military law. In contrast, civilian contractors have immunity, but it is unclear which laws, if any, can be used to hold them to account.
http://www.iht.com/articles/2007/10/11/africa/11legal.php
I can see where this places the US Government and military commanders in Iraq between a rock and a hard spot. Danged if you do turn violators over to the tender mercy of Iraqi justice, and danged if you don't at least try them in our own courts for violation of Iraq law. The real problem has more twists and turns than a gordian knot and will be more difficult to untie than the knot.