Feral Jundi

Thursday, November 27, 2008

Legal News: Iraq Parliament Approves SOFA, Still Many Questions Unanswered

Filed under: Iraq,Legal News — Tags: , , — Matt @ 1:31 PM

   So it is law, and January 1, 2009 is the date.  In the meantime, maybe the DoS and DoD can answer these questions for those contractors operating in Iraq as we speak?  

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Will there be retroactive application of criminal jurisdiction?(It is unclear whether Iraqi law will preclude ex post facto prosecutions based on allegedly criminal acts that occurred before January 1, 2009.)              

 

The agreement includes language about the “parties” retaining their rights to legitimate self-defense as defined in applicable international law. “Parties” to the agreement only includes the US government and the Iraqi government, thus apparently excluding contractors from the right to self-defense.  Will there be further guidance forthcoming as to contractors’ rights to self-defense, especially for those contractors who are required or authorized to carry weapons?                                                                                                          

 

Will the 1934 extradition treaty with Iraq mean that US citizens now in the US will be extradited back to Iraq for trial?

 

Will contractor equipment in Iraq be subject to pre- or post-judgment attachment when a civil suit is filed against a contractor?

 

Will there be retroactive application of civil jurisdiction? 

 

How will the statutes of limitations apply for tort and contract claims, and will this mean that contractors be sued on January 1, 2009 in Iraq based on occurrences in the past? 

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     All of these questions were asked at the briefing given by the DoD and DoS, by legal experts, and they had no answer!  Amazing that we have gotten this far with this document, and these kinds of questions have not been answered.  Talk about being thrown under the bus. 

     I suggest that if you are reading this, and you are a security contractor operating in Iraq as we speak, then ask your company to press the DoD and DoS about these issues.  Or as a civilian, you can write the DoD and DoS and express your concern. –Head Jundi

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Iraqi Parliament approves security pact

By Alissa Rubin, Campbell Robertson and Stephen Farrell

Thursday, November 27, 2008

BAGHDAD: The Iraqi Parliament ratified a long-delayed security agreement on Thursday that lays out a three-year timetable for the withdrawal of American forces from Iraq.

(more…)

Monday, November 24, 2008

Funny Stuff: Ordering KFC Chicken….In Fallujah!

Filed under: Funny Stuff,Iraq,Photo — Tags: , , , , — Matt @ 11:35 AM

KFC  KFC Fallujah 

Sunday, November 23, 2008

Legal News: SOFA- Prosecuting Contractors for Previous Incidents?

Filed under: Iraq,Legal News,News — Tags: , , — Matt @ 12:02 AM

     Boy, so the paragraph that jumps up at me in this article, is this one:

 But the question of whether Iraqis could use the agreement to prosecute contractors for previous incidents wasn’t addressed in the new agreement. When security company officials asked Thursday, “We told them that’s a question we don’t know the answer to,” said a State Department official, who spoke to reporters about the meetings under the condition of anonymity.

     My guess is that they do know the answer, and they have been withholding that information to insure there wasn’t any real protest by the companies.  Especially Blackwater, because if the Iraqis can go back in time and prosecute contractors for previous incidents, well then that will cause a stampede of litigation.  Obviously the Iraqis would want to go after those implicated in the Nisour Square incident as the first case.  But where would it stop, and how far will they go back?  This smells.  

   To me, I think the companies were pretty much in wait and see mode, with what they ‘thought’ was the SOFA. Hell, I even posted the copy that was released over at Fox News.  But if this paragraph up top is an indicator of the holes in this thing, then I think all of us in this industry deserve a full explanation of what really is going to happen?  And why is there an Arabic draft available only to Iraqi lawmakers, yet no official copy of the final draft in English for the rest of us to read?  

   The other thing that gets me, is that the companies should not be surprised about anything.  If they would have had the guts to confront the client about this matter, and demand to be included in the loop, then we wouldn’t be playing this guessing game right now.  How many of us have died in defense of the client/Coalition? There are 230,000 plus civilian contractors in this world wide war, and we continue to be treated like the elephant in the room that no one wants to acknowledge. –Head Jundi

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Elephant in the Room

US-Iraq Pact Ends Contractor Immunity

November 21, 2008

Knight Ridder

WASHINGTON – Contractors working for the United States in Iraq, including armed security outfits such as Blackwater Inc., will be subject to Iraqi law under the new U.S.-Iraq security pact. Not only that, they could face Iraqi prosecution for acts committed when they supposedly had immunity from Iraqi law, U.S. officials said Nov. 20.

A new U.S.-Iraq security agreement doesn’t specifically prevent Iraqi officials from bringing criminal charges retroactively in cases such as the September 2007 shooting deaths of 17 Iraqi civilians by contractors protecting a State Department convoy, officials told security company officials during meetings in Washington Thursday.

The news caught company officials by surprise.

“We are still trying to make sense of it,” said Anne E. Tyrrell, a spokeswoman for Blackwater Inc., whose security guards have been involved in some of the most controversial incidents in Iraq, including the Sept. 16, 2007, shooting at al Nisoor Square in Baghdad.

(more…)

Friday, November 21, 2008

Jobs: Close Protection Officer, Iraq/Afghanistan

Filed under: Afghanistan,Iraq,Jobs — Tags: , , , — Matt @ 1:46 AM

Control Risks

Close Protection Position

Ref :         000002

Region:          Global

Country:  Global, Afghanistan, Iraq  

Department: Project Management

Role Type:  Close Protection

Job Purpose

The Individual is expected to have sufficient training and flexibility to be able to undertake the role of a Close Protection Officer as detailed below.

(more…)

Thursday, November 20, 2008

Jobs: Security Leader, Iraq

Filed under: Iraq,Jobs,Management Positions — Tags: , , , — Matt @ 12:33 AM

GE Careers Iraq

 

Iraq Security Leader

Business Unit:  GE Infrastructure, Energy

Function:    Security

Location:   UAE/Jordan/Iraq, Iraq

Job #:            856009

Posted:            Oct 28, 2008

Responsibilities – General

*Conduct site security audits and design security protocols for GE Energy projects and service sites in the MEA region.

*Actively participate in crisis management planning and preparedness, decision-making, and communications.

*Assure appropriate loss prevention, fire safety, access control, intrusion detection and alarm systems are in place and maintained.

(more…)

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