Another gem. These guys have a couple of awesome posts about the legalities of conducting anti-piracy operations out on the high seas. They specifically talk about Blackwater and what they can or cannot do out there. –Head Jundi
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ExportLawBlog is written and maintained by Clif Burns, Carolyn Lindsey, Illya Antonenko and Martin Gold.
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.
Boy, this is a terrible story. Obviously Ayala was severely impacted by the incident, to do such a thing as shoot this combatant point blank to the head. I wasn’t there, nor will I judge. But you can see the kind of emotions this could have brought up–to see your comrade be purposely burned by some random individual in a village. I know I would be furious. But that gives no justification to be the judge and jury for such a horrific criminal act, by just killing the guy out right.
Although, Ayala could make the argument that he saw the guy move wrong, or reach for something, and that is why he fired. But still, if he purposely executed an unarmed individual, despite the horrible act this Afghani committed, then that is wrong.
All I have to say at this point is that Ayala is innocent until proven guilty in a court of law. If he did in fact commit this act, then he should pay the price. I would hold that standard towards anyone in the military, law enforcement, and the security contracting community, and justice should be served.
On another note, this sounds like the Human Terrain Systems contract BAE has, where they use civilian anthropologists in military civilian affairs units out in the field. It is an initiative to better understand the villages, so the military forces know how to best work with them. And the reason we use anthropologists like this, is because the military cannot home grow that type of resource to meet the demands of the war effort. And that is where BAE stepped in, by filling that need. –Head Jundi
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Contractor Charged With Murder in Afghan’s Death
By Jerry Markon
Washington Post Staff Writer
Thursday, November 20, 2008; B05
A defense contractor who once protected top foreign leaders was charged yesterday with second-degree murder in the shooting of an Afghan civilian who had attacked one of his colleagues with a flammable liquid during a routine patrol.
Don M. Ayala, 46, of New Orleans was charged in U.S. District Court in Alexandria in the Nov. 4 shooting. Court documents said he works in Afghanistan for Rockville-based BAE Systems, but he formerly provided personal security to the Iraqi prime minister and the Afghan president.
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