US: Blackwater indictments show commitment to rule of law
Iraq-USA, Politics, 12/24/2008

The US Department of Justice has brought criminal charges against five American private security contractors following a 2007 incident that continues to shape the future of relations between Iraq and the United States.

"Those who engage in unprovoked and illegal attacks on civilians, whether during times of conflict or times of peace, will be held accountable," said Patrick Rowan, assistant attorney general for national security. Rowan made his comments in a December 8 press conference in Washington to announce the US government's plan to prosecute the men, employees of Blackwater Worldwide, the largest of several private security firms providing protection and support services for US government personnel working in Iraq.

The Justice Department's 35-count indictment for manslaughter, attempted manslaughter and weapons violations stems from a September 16, 2007, incident at a traffic circle in Baghdad's Nisoor Square, where the security guards allegedly opened fire on Iraqis while escorting a US government convoy. In the incident, 14 Iraqi civilians were killed and 20 others were injured.

The accused men claim that they were defending the convoy from an insurgent attack, a claim that has been discredited by three separate investigations by the Iraqi government, the US Department of Defense and the Federal Bureau of Investigation.

"None of the victims of this shooting was armed," said Jeffrey Taylor, the United States attorney for the District of Columbia, who joined Rowan at the press conference. "None of them was an insurgent."

FBI Assistant Director Joseph Persichini Jr. said the charges followed one of the most complicated investigations in FBI history, involving 10 special agents who traveled to Iraq several times over the past year to interview hundreds of eyewitnesses.

"The FBI will continue to work with its law enforcement partners in this country and abroad to ensure that the nation's federal laws are enforced," Persichini said.

Following the announcement of the charges, five of the accused guards surrendered to authorities in Salt Lake City. The sixth guard named in the indictment already has pleaded guilty to the charges and is providing information to prosecutors, according to media reports.

The accused are presumed innocent until proven guilty under US law. The defendants face a potential maximum sentence of 10 years imprisonment for each count of manslaughter, seven years of imprisonment for each count of attempt to commit manslaughter and a mandatory minimum imprisonment of 30 years for weapons violations if convicted.

"The individuals charged today displayed a blatant disregard for the core values of the United States Constitution and failed to adhere to the rule of law and the respect for human life," Persichini said. "These individuals must be held accountable for their actions, not just for the integrity of the American people, but for the Iraqi men, women and children whose lives have been destroyed."

The 2007 incident is among several involving civilian deaths caused by private security contractors that have prompted a firestorm of criticism in both Iraq and the United States. Although the contractors are immune from prosecution in Iraq under a 2003 agreement signed by the Coalition Provisional Authority, Iraqi officials have insisted on the right to arrest and prosecute any US personnel accused of committing crimes while off US bases under a new security agreement governing future operations of American personnel in the country. This was a key sticking point for American negotiators, who finally conceded in the face of sustained Iraqi diplomatic pressure.

Private security contractors play an invaluable role by offering protection for aid workers and diplomats in Iraq. That fact should not be overshadowed by the actions of the accused men, said the officials, who added that 13 other Blackwater guards on the convoy followed established rules and did not open fire.

"We honor that service by holding accountable the very few individuals who abused that employment by committing some very serious crimes against dozens of innocent civilians," Taylor said.

US prosecutors will be traveling to Iraq to meet with the victims' families in the coming days, say officials, updating them on the investigation, explaining what will happen during the trial and detailing how they can make claims against Blackwater. FBI investigators are working in cooperation with Iraqi authorities to interview additional witnesses and are expected to invite several of them to the United States to provide testimony to the jury.

"This is good," Ali Abdul Ali, a Baghdad resident close to one of the victims, told an L.A. Times reporter December 10. "It means no one is above the law, even if he's an element of foreign forces. It also means the victims will get justice."

Previous Stories:
  United States hails Iraqi ratification of security pact   (12/9/2008)
  Iraq - US security agreement initial approval   (11/17/2008)
  Blackwater returns to Iraq   (5/13/2008)
  Iraq cabinet drafts bill to end foreign security firms immunity   (10/30/2007)

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