Feral Jundi

Private Security Contractors Protecting Ambassador Paul Bremer and Coalition personnel.

     This story is kind of troubling to me.  I know that eventually Iraq will operate on it’s own one day, but I always worry about the transition from war to peace there.  I have no problem with obeying another country’s laws.  But this war is not over by a long shot.  Sure the threat has died down, and the Iraqi government is gaining control of their country, but placing civilian contractors under Iraqi law right now is not a good move.  We are there to defend the very people that are helping to rebuild Iraq, and we already fall under the laws of the DOD(UCMJ).  So if we defend our DOD or DOS client, and save their life during an ambush, but then get charged with murder by an Iraqi court because we actually had to shoot our weapons and eliminate a threat, then how the heck are we supposed to do our job of protecting in the first place?  Why even give us weapons?  

    Now if the only threat in Iraq was typical criminal stuff, then maybe I could see falling under Iraqi law.  But just as long as we have an enemy in Iraq(Al Qaeda and the various militias who are opposed to the Iraqi Government), and the war is still being fought, then they will use this law to their advantage as a tool of warfare.  Of course they will fire on security contractors from populated places, and of course they will do all they can to force us to defend ourselves in heavily populated areas.  It is what I would do if I were in their shoes.  It is just one more way to fight a propaganda war against the US and insure that Iraq fails.

   I also understand the politics of this.  An Iraq that can govern itself, is a victory in the war for the Coalition.  Our enemies want us to fail there, and the more screwed up things are, the better it is for them.  Allowing civilian contractors to fall under Iraqi law, opens up all sorts of potential in the propaganda war being waged.  

    What the State Department and DOD needs to emphasize is that civilian contractors are in Iraq to protect and support the Coalition there, and that we already fall under the Uniform Code of Military Justice.  And because we are a vital asset to the mission in Iraq, any threat to our existence, is in essence a threat to the US mission there.  We are an integral part of the Coalition, and this point should be made very clear to Iraq and the world.  

    The costs would increase too.  The insurance premiums would go up, because of the legalities of working in Iraq and abiding by their laws.  After every incident involving firearms use, a company would be open to Iraqi investigation.  And do we trust that Iraq has been able to purge their system of bad guys?  And what of the Operational and Personal security of the client?  An Iraqi court, would certainly have to bring this information out in the open, in order to prosecute.  So yet again, could we trust this Iraqi legal system with this information?   

   Also, the days of 2006, when contractors were getting kidnapped at ‘supposed’ Iraqi manned checkpoints is still fresh in our minds.  Who is to say that the Iraqi justice system is strong enough to protect itself from infiltrations of the enemy?   Maybe when Iraq has become entirely peaceful, and the Coalitions is no longer needed to assist in the peace and stability operations there, then us contractors might feel a little more comfortable falling under Iraq law.  I guess the question that needs to be asked, is if the Coalition feels comfortable falling under Iraqi law?  

     I say if the Coalition, the DOD, and the State Department employees and soldiers in Iraq think this is a good idea, then maybe they should fall under Iraqi law too?  When I was a Marine back in the day, we called that’ leadership by example’.  We’ll see how it turns out, and hopefully someone speaks up against this, or can explain how this is a good idea.  –Head Jundi   

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Iraqi minister: Deal seeks to end security contractors’ immunity

    * Story Highlights

    * Iraq official: Deal with U.S. says security contractors won’t have immunity in Iraq

    * No immediate comment from U.S. State Department

    * Issue was one sticking point in negotiations for U.S.-Iraq security pact

    * Parliament member declines to say whether deal arose from Blackwater shootings

BAGHDAD, Iraq (CNN) — Security contractors working in Iraq will no longer receive immunity from prosecution in that nation under a deal being brokered by Iraqi and U.S. officials, Iraqi Foreign Minister Hoshyar Zebari said.

Zebari said he briefed Iraqi parliament members about the immunity agreement Tuesday during a closed-door meeting. Officials at the U.S. State Department, which is leading the U.S. side of the negotiations, could not be immediately reached for comment.

The immunity issue was one of the sticking points in talks over a long-term security pact that deals with, among other things, the future of the U.S. military presence in Iraq. Negotiations on the pact continue.

The reported immunity agreement comes more than nine months after an incident in which Iraqi officials allege guards with the Blackwater security firm shot and killed 17 people, including women and children, and wounded 27 at Baghdad’s Nusoor Square.

Survivors and victims’ family members allege Blackwater guards started shooting without provocation, but Blackwater said armed insurgents attacked its guards.

Blackwater is one of the contractors providing security services for the State Department in Iraq. Under a provision instituted in the early days of the U.S.-led occupation of Iraq, security contractors have had immunity from Iraqi law.

The shootings prompted a bitter protest from Iraqi officials and placed the operations of Blackwater and other security firms in Iraq under scrutiny.

A U.S. federal grand jury investigating the Blackwater shootings heard testimony from three Iraqi men in March.

Mahmoud Othman, a member of the Iraqi parliament, said that he attended Tuesday’s closed parliamentary session and that the Iraqi representatives were very pleased with the immunity agreement.

“Zebari explained everything to the members of parliament and told us that the negotiations are still ongoing and we didn’t reach the final version yet. Still, Zebari believes that there are some good developments,” Othman said.

Asked if the immunity agreement grew from displeasure over the U.S. handling of the Blackwater incident in September, Zebari declined to answer.

He said he may have more information during a news conference he scheduled for Wednesday.

CNN’s Saad Abedine and Mohammed Tawfeeq contributed to this report.

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