I want to applaud Tara for writing this, and I agree with this assessment. Especially this part, which includes that crap that the New York Times wrote. –Head Jundi
“The New York Times editorial board has called the SOFA’s exclusions of protection for contractors “an acceptable price to pay to show this country’s commitment to the rule of law.” A diplomatic concession that blatantly and offensively treats one class of American citizen differently than others hardly demonstrates the U.S. commitment to the rule of law.”
——————————————————————
SOFA Discards Contractors and the Rule of Law
December 04, 2008
JURIST Guest Columnist Tara Lee, a former Navy JAG now a partner at DLA Piper (US) LLP, says that having a Status of Forces Agreement with Iraq that abdicates the jurisdictional reach of the United States over contractors (not just security contractors) who are US citizens acting on its behalf is too high a price to pay for recognizing Iraq’s sovereignty….
Earlier this week the United Nations Assistance Mission for Iraq issued a report that is highly critical of the absence of due process in Iraq’s criminal justice system. The UN Report notes that “many detainees have been deprived of their liberty for months or even years, often under precarious physical conditions, without access to defence counsel, or without being formally charged with a crime or produced before a judge. Continuing allegations of widespread torture and ill-treatment of inmates are of particular concern.” The report is particularly timely, given that as of January 1, 2009, U.S. citizens who are contractors in Iraq will be subject to the jurisdiction of Iraqi criminal and civil courts, according to the terms of the Status of Forces Agreement signed on November 17, 2009.
