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Congress moves to change U.S. law giving security contractors immunity from prosecution
Published in Saudi Press Agency on 03 - 10 - 2007


Congress is moving to update a law that
has kept Blackwater USA and other private security
contractors in Iraq immune to criminal prosecution. The
White House contends the change could cause new problems, according to The Associated Press.
The House was expected to pass on Thursday legislation by
Democratic Rep. David Price that would extend the criminal
jurisdiction of U.S. courts to any federal contractor
working alongside military operations. Senate Democratic
leaders said they planned to pass the law quickly and send
the measure to President George W. Bush to sign into law.
The legislation comes amid a string of allegations
involving Blackwater USA employees hired by the State
Department to protect diplomatic personnel in Iraq. In one
case, a drunk Blackwater employee left a party in Baghdad
and fatally shot the guard of one of Iraq's vice
presidents. The contractor was fired, fined and returned
home to the United States, but no charges have been filed.
More recently, Blackwater guards were involved in a Sept.
16 shootout that left at least 11 Iraqis dead. The FBI is
currently investigating the incident.
But whether charges can be brought against any of the
contractors is unclear, with federal officials citing murky
laws governing the conduct of U.S. personnel abroad not
hired directly by the military. The current law, called the
Military Extraterritorial Jurisdiction Act, covers
personnel supporting the mission of Defense Department
operations overseas.
Because Blackwater's primary mission is to protect State
Department officials, defense lawyers would likely argue
successfully that the law does not apply.
At the same time, U.S. contractors are immune from
prosecution by Iraqi courts.
White House officials say they support increasing
accountability of contractors abroad, but worry that the
House bill is too vague and may go too far. An
administration statement issued Wednesday said the bill
would have «unintended and intolerable consequences for
crucial and necessary national security activities and
operations.» The statement did not explain further or give
examples.
The White House also cited concerns with stretching FBI
resources by mandating they conduct activities overseas. It
also is worried that the military can be overtaxed if
required to support criminal investigations led by the
Justice Department.
Blackwater founder Erik Prince told a House panel Tuesday
that he supports expanding the law.
«Beyond firing him for breaking the rules, withholding
any funds we can, we can't flog him,» Prince said of the
intoxicated Blackwater guard. «We can't incarcerate him.
We can't do anything beyond that.»


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