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Corpobligation: In war zones, private military contactors face risks of death and now indictments for manslaughter.
- "Victim shot with hands up" - Department of Justice Spokesperson
- Individual Blackwater guards charged not the company
- The five men are charged with 14 counts of manslaughter, as well as weapons violations and attempted manslaughte, for the events of September 16, 2007. One man has already pled guilty on one count of manslaughter.
- The charges call into question the immunity agreements that the US provided to military contractors after the invasion of Iraq.
- What effect will this have on attracting employees and investment overseas?
Blackwater guards 'used grenades'
Via BBC - online - accessed 10/12/2008
News briefing on the charges against the Blackwater employees
US guards indicted over the 2007 fatal
shooting of 17 Iraqis used machine guns and grenade launchers against
unarmed civilians, prosecutors have said.
Although the indictment was made in Washington, the men surrendered
at a federal courthouse in Salt Lake City, Utah, the home state of one
of the five guards, Donald Ball.
That way the men could argue that the case should be heard in Utah,
considered more conservative and pro-gun than Washington, AP said.
"Donald Ball committed no crime," said his lawyer, Steven McCool.
"We are confident that any jury will see this for what it is: a
politically-motivated prosecution to appease the Iraqi government."
...
"The killers must pay for their crime against innocent civilians.
Justice must be achieved so that we can have rest from the agony we are
living in," said Khalid Ibrahim, 40, who said his 78-year-old father,
Ibrahim Abid, died in the shooting.
"We know that the conviction of the people behind the shooting
will not bring my father to life, but we will have peace in our minds
and hearts," he told AP.
The New York Times has previously reported that an FBI
investigation had concluded that 14 of the deaths at the busy Baghdad
intersection were unjustified.
What now for PMCs?
Reasons why these individual contractors could avoid conviction
include, existing immunity
granted by US and Iraqi governments; the acts were committed in a
foreign country, jurisdiction and choice of laws questions could arise;
and more standard criminal defences (ie self-defence). There are also
international relations concerns between the American and Iraqi
governments, which will play a role.
Immunity
was granted to PMCs hired by the US military largely in order to avoid
prosecution in Iraq, which could carry harsh penalties, especially if
Iraq turns to a harsh interpretation of Shari'a Law. However, note
that US law could apply under the Military Extraterritorial
Jurisdiction Act, as amended in 2004, and the special maritime and
territorial jurisdiction, as expanded by the USA PATRIOT Act (Human Rights First - PDF).
PMCs could avoid the public relations risks by better training of
staff, adhering to broader human rights standards (global compact, IPOA),
and through clear transparent contracts that state types and degrees of
immunity granted by governments.
Doug Brooks (founder of International Peace Operations Association - IPOA) and Shawn Lee Rathgeber have set out an argument for industry self-regulation:
Industry can actually act much faster than policy-makers to address some of the key problems. The International Peace Operations Association (IPOA) takes an inclusive approach in designing our standards. IPOA is a standards-based, member led trade association with a Code of Conduct that was originally written by NGOs and human rights lawyers. It is regularly modified and improved upon in consultation with the NGO community and other concerned parties. Prior to joining the association all member companies of IPOA must agree to abide by a Code of Conduct. IPOA also has a Standards Committee which addresses alleged Code violations by working with the private security company to modify its behavior or even recommend their expulsion from the Association. The IPOA complaint system is designed so that anyone, whether inside or outside the industry, can bring a complaint against an IPOA member based on the Code of Conduct. The complaint form is available online on the IPOA web site (www.IPOAonline.org). Nevertheless, while internal industry pressure can do much to modify the behavior of companies, clients can make an even greater difference by making clear to their vendors that they will only contract with companies supporting ethical industry standards.
On a more cynical note, there is a perverse incentive that arises from a reputation for violence: violence may act as a deterant and provide notoriety, gaining more clients and contracts.
Take action / Blackwater
Amnnesty International: Learn more about Blackwater's actions in Iraq and call on the company to take their human rights responsibilities seriously and to cooperate with Iraqi and US investigations.
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