Feral Jundi

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…)

Sunday, November 16, 2008

News: Iraqi Cabinet Approves Security Pact with US

Filed under: Iraq,News — Tags: , , , — Matt @ 12:03 PM

Iraqi Cabinet approves security pact with US

By QASSIM ABDUL-ZAHRA, Associated Press Writer Qassim Abdul-zahra, Associated Press Writer Sun Nov 16, 10:13 am ET

BAGHDAD – Iraq’s Cabinet on Sunday approved a security pact with the United States that will allow American forces to stay in Iraq for three years after their U.N. mandate expires at the end of the year.

The decision followed months of difficult negotiations and, pending parliamentary approval, will remove a major point of contention between the two allies. Parliament’s deputy speaker, Khalid al-Attiyah, said he expected the 275-member legislature to begin debating the document this week and vote on it by Nov. 24.

The U.S. government agreed last week to an Iraqi request to amend the draft. The amendment removed what al-Attiyah said was ambiguous language that could allow U.S. forces not to adhere to a timeline for their withdrawal from Iraqi cities by the end of June and from the entire country by Jan. 1, 2012.

The Shiite, Kurdish and Sunni parties making up Prime Minister Nouri al-Maliki’s government dominate parliament, so there is a good chance that the legislature will approve the security pact.

(more…)

Monday, November 10, 2008

Industry Talk: US Contractors Shouldn’t Face Iraqi Courts, New America Foundation

Filed under: Industry Talk,Iraq — Tags: , , , — Matt @ 2:22 PM

    Well I am glad these folks are at least on our side when it comes to the SOFA.  This is a little old, but it is good reference for what the New America Foundation is producing.  So their hearts are in the right place, but they still have to make a better effort to connect with the industry they are writing about.  I promise we won’t bite. LOL –Head Jundi  

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U.S. Contractors Shouldn’t Face Iraqi Courts

By Maria Figueroa Küpçü, Michael A. Cohen, New America Foundation

Wall Street Journal | August 22, 2008

 

More must be done to hold security contractors accountable for their actions — but this is not the way to do it.

(more…)

Friday, November 7, 2008

Industry Talk: PSC Urges Contractor Protections in Iraq SOFA

Filed under: Industry Talk,Iraq — Tags: , , , , — Matt @ 12:08 PM

     Wow, I had no idea the Professional Services Council would get involved with the process, but that is cool.  I didn’t even know they existed, and at least someone cares about us.  Although, seeing how this was sent almost a month ago, the SOFA(Status of Forces Agreement) writers and negotiators have been notified and I really haven’t seen a focus on these issues.  When the final product comes out and the agreement has been signed, then we will see if Condoleezza Rice was really listening.

   Also with the letter, they mentioned how this SOFA could impact a Afghanistan SOFA in the future.  That if you do not protect civilian contractors with a sound agreement in Iraq, that Afghanistan might push for the same type of agreement in that war zone.  It is about precedent and it is about doing the right thing, and that the DoD and DoS both have an opportunity to take a stand about how important we are in the war effort.  Especially as we draw down in Iraq, and build up in such places as Afghanistan and Africa. 

    The other thing that is interesting about the PSC, is that they are another resource you can use to bring up issues in the industry that need attention.  –Head Jundi

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PS Council Logo

 

PSC Urges Contractor Protections in Iraq SOFA

In a letter sent to Secretary of State Condoleezza Rice on October 8, PSC outlined its concerns regarding the development of a Status of Forces Agreement (SOFA) with Iraq that may exclude basic protections for contractor personnel supporting the military and reconstruction efforts in the country. Of particular concern is the fact that a fledgling Iraqi legal system and the general in-country environment may not provide adequate due process procedures for detained contractor personnel.

(more…)

Friday, October 31, 2008

Industry Talk: More SOFA Stuff–David Isenberg Reports

Filed under: Industry Talk,Iraq — Tags: , , , — Matt @ 5:57 PM

     Ok, this is cool.  I am glad that David Isenberg is trying to add some clarity to this thing.  He kind of echoes a few of the points that have been covered here on FJ.  I am just glad that this story is getting the attention it needs, so that guys know what to expect and how to deal with it.  –Head Jundi 

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Dogs of War: Losing sleep over SOFA

Private military contractors fret over Iraqi-U.S. Status of Forces Agreement

By DAVID ISENBERG

Published: Oct. 31, 2008 at 7:43 PM

 

WASHINGTON, Oct. 31 (UPI) — If, as now seems possible, Iraq and the United States cannot finalize a Status of Forces Agreement governing U.S. troops there, private military contractors will be sighing in relief.

The agreement, known as SOFA, is basically a document signed by a country and a foreign nation stationing military forces there. The SOFA is intended to clarify the terms under which the foreign military is allowed to operate. Typically, purely military issues such as the locations of bases and access

to facilities are covered by separate agreements. The SOFA is more concerned with the legal issues associated with military individuals and property. 

At the end of the Cold War, the United States had permanent status of forces agreements with approximately 40 countries. Today the number has grown to more than 90, meaning the United States has agreements with 46 percent of the more than 190 nation-states comprising the world community. 

The Iraq SOFA covers everything from prosecuting violations of law to establishing operational command and a deadline for withdrawal. The United States wanted it to be completed before Dec. 31, when the United Nations mandate, Security Council Resolution 1790, covering the presence of foreign troops in Iraq expires.

Without a signed SOFA, U.S. troops will lack legal authority to remain in Iraq. U.S. officials say they would have to cease operations and confine troops to bases unless some other arrangement, such as an extension of the U.N. mandate, could be worked out.

(more…)

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