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December 10th, 2008 - Blackwater Guards Should Die: Dead Iraqi’s Family

News article from Agence France Presse

News article from Los Angeles Times

News article from Foster’s Daily Democrat

Summary of the Blackwater Killings

Blackwater Guards Should Die: Dead Iraqi’s Family

 

From Agence France Presse

December 10, 2008

 

Baghdad - The family of an Iraqi man shot dead with 13 other civilians by guards from the private US security firm Blackwater in 2007 called on Wednesday for the death penalty against five who have been charged.

 

"We ask for a just punishment," Fulaih Ali Ahmad, whose brother Saad died as he was trying to flee the gunfire, told AFP.

 

Saad was hit by a bullet in the back of the head during the incident in central Baghdad.

 

In Arabic, and in accordance with Iraqi traditions, a "just punishment" indicates the death penalty.

 

Ahmad said the Blackwater guards "killed people who had families.

 

"Who will compensate them? The Iraqi government should push for it and the American administration should pay compensation," he said.

 

On Tuesday the Baghdad government welcomed the charges being laid, but said it could still demand compensation for the victims.

 

"The Iraqi government is pleased with what the American jurisdiction is (doing) now," spokesman Ali al-Dabbagh said when asked about the indictments.

 

"But also, at the end, the Iraqi government reserves its right to protect the victims and the families and get the proper compensation for them," he said at a foreign policy institute in Washington.

 

Five Blackwater guards were charged on Monday with killing 14 unarmed Iraqi civilians and wounding 18 others with gunfire and grenades while travelling in a convoy through a busy Baghdad intersection in September 2007.

 

Blackwater was employed by the US State Department, and the deadly incident sparked an outcry in Iraq and around the world over the deployment of private contractors in war zones.

 

A sixth guard has pleaded guilty to charges of voluntary manslaughter and attempt to commit manslaughter.

 

"When they say they were fired on it is a lie. I ask the Iraqi government to throw out (Blackwater) from the country. If an Iraqi killed 17 people ... the government would execute him on the spot," Saad's brother said.

 

Copyright © 2008 AFP. All rights reserved.

 

External link: http://www.google.com/hostednews/afp/article/ALeqM5hguyXbhiFm5wliq0WTFP3Yrg6_zg


Iraqis applaud charges against Blackwater guards

The shooting that killed at least 17 in a Baghdad traffic circle last year resonates strongly among Iraqis, who believe it was unjustified and are eager for justice.

 

By Tina Susman & Usama Redha

Los Angeles Times

December 10, 2008

 

Reporting from Baghdad - The traffic circle hums on a cool and sunny afternoon, as motorists round the center median with its fake orange palm tree that sparkles at night, blooming flower beds and chunky sculpture.

 

On such a calm day in Baghdad, it is hard to imagine the carnage that erupted here in Nisoor Square in September 2007, when Blackwater Worldwide security guards killed at least 17 Iraqis in a hail of machine-gun bullets and grenades, but the evidence remains.

 

Bullet holes pock the small shelter where traffic cops dived for cover. Splotches scar the wall of a school off the square that prosecutors say was hit by American gunfire. Memories rankle people familiar with the story, which still resonates powerfully in Iraq even as the legal repercussions have shifted to courthouses thousands of miles away in the U.S.

 

Five Blackwater employees, all of them U.S. military veterans, were charged Monday with manslaughter and attempted manslaughter in the case, which strained U.S.-Iraqi relations and galvanized Iraqi opposition to the Western security companies that had operated with impunity here.

 

Starting Jan. 1, private security details such as Blackwater will be subject to Iraqi jurisdiction if accused of crimes committed while off American bases, a change demanded by Iraq's government after the Blackwater incident and others involving different companies that resulted in civilian deaths on a smaller scale.

 

The current Blackwater defendants won't face trial in Iraq, but they could face decades in prison in the United States if convicted, something that pleases Iraqis such as Ali Abdul Ali.

 

"This is good," said Ali, an unemployed military veteran. "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."

 

Ali, who comes often to an abandoned bus stop near Nisoor Square to sit in the sunshine and think about life, has a friend whose mother was among 20 Iraqis shot and wounded in the incident. Like other Iraqis in the circle that day, the friend said the shooting was unjustified, he said.

 

"These people were armed and they were shooting innocent people," Ali said.

 

That's not how the Blackwater guards tell it. They say their convoy came under attack as they escorted U.S. State Department officials and that they fired in self-defense.

 

In the square Tuesday, the sound of gunfire was constant and clear over the cacophony of car engines, tooting horns and sirens from the intimidating convoys that still tear through the circle, but it was from an Iraqi police firing range nearby.

 

Police officers stationed in the circle were happy to discuss the Blackwater case and to show off the bullet holes from that day. One of them quickly interrupted his lunch of beans, rice and bread to weigh in.

 

"I heard about [the charges against the Blackwater employees] yesterday on the news," said the officer, who like his colleagues was not authorized to speak to reporters and would not give a name. "Because they killed 17 innocent people, of course they should be arrested."

 

The policeman, who has worked this spot for five years, was not in the square the day of the shooting but came to work the next day to see wrecked cars, blood-stained streets, bullet casings. He pointed to a section of gnarled concrete in the busy street a few feet away.

 

"That's where the doctor and her son died," he said, referring to Mahasin Mohssen Khadum Khazali and her son, Ahmed Haitham Ahmed Rubaie, who were in a white sedan that the Blackwater guards said they suspected of being rigged to explode.

 

"Justice should be served. These victims - their rights should be taken into consideration," said another policeman, edging in front of the first cop and quickly taking over the conversation. This officer said that if the Blackwater guards are convicted, they should die.

 

"This is the law of God. In the Arab world, anyone who kills someone, he should be killed," he said.

 

They scoffed at the idea that the guards might have felt genuinely threatened because of the situation in Baghdad at the time. Violence was far worse then, when attacks on U.S. forces were daily events. That month, 70 foreign troops, including 66 Americans, were killed across Iraq, according to the independent website icasualties.org. Last month, the total was 17.

 

"This place is surrounded. It is secure," the second officer said, noting the national guard base on one side of the square and another government building on the other. "It's impossible" that anyone could have felt threatened, he said.

 

Minutes later, a U.S. military convoy entered the circle. Civilian traffic ground to a halt to let the vehicles pass, but they stopped midway through. A group of U.S. soldiers walked toward the Iraqi police.

 

"Let's have it," one of them sternly said to a U.S. journalist who had been filming the square, referring to the memory chip of his video camera.

 

The soldier uttered an obscenity about filming the convoy but backed off without taking the memory chip after another American intervened, satisfied that the journalists were more interested in the scene at the square, not the convoy that had rolled into view.

 

Afterward, one policeman joked that it was good the journalists were of the "same tribe" as the soldiers. If they'd been Iraqis, he said, they would have been locked up.

 

Susman and Redha are Times staff writers.

 

External link: http://www.latimes.com/news/printedition/asection/la-fg-blackwater10-2008dec10,0,6706678.story


Blackwater case dives into new legal waters

 

By Jason Claffey

Foster’s Daily Democrat

December 10, 2008

 

Rochester - The case against the five Blackwater Worldwide guards charged in connection with a Baghdad shooting that left 17 Iraqis dead will largely hinge on an amendment to the Military Extraterritorial Jurisdiction Act, possibly presenting "special opportunities for the defense, and headaches for the prosecution," according to one legal expert.

 

The five guards, including Evan Liberty, a 26-year-old former Marine from Rochester, were each charged with 14 counts of manslaughter and 20 counts of attempted manslaughter for allegedly firing machine guns and grenade launchers at fleeing civilians in Baghdad's Nisoor Square on Sept. 16, 2007.

 

The men surrendered themselves at a federal courthouse in Salt Lake City, Utah, Monday morning in an attempt to have the trial there and draw a jury "more sympathetic to the experiences of coming under enemy fire," one of the men's lawyers told The Associated Press.

 

But a judge ordered the guards to appear at a Washington, D.C., courthouse for a hearing on Jan. 6, the AP reported early Tuesday. The defense still has a chance to appeal and move the case back to Utah.

 

Charles Putnam, co-director of the Justiceworks program at the University of New Hampshire, said, in general, it is a "difficult enterprise" for one country to enforce laws regarding the actions of its citizens in another country.

 

And because the prosecution is expected to argue that a revised version of the Military Extraterritorial Jurisdiction Act gives the government power to charge private security contractors like Blackwater guards - something that has been largely untested in court - Putnam said the defense may have the opportunity to challenge the law's validity.

 

"It is fair to say one of the things the defense attorneys will do is to hold the government's feet to the fire and make sure the law works the way it was supposed to work," he said.

 

In 2004, in response to allegations of torture at Abu Ghraib prison, Congress passed an amendment to MEJA giving the government wider powers in prosecuting misconduct by military contractors. As MEJA had previously been written, it applied only to contractors directly affiliated with the Department of Defense. (Some of the prison employees involved in the torture incidents were employed by other government agencies.)

 

The amendment added the law would now apply to "any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas."

 

The key word, as it relates to the Blackwater guards, is "supporting," according to Alan Chvotkin, executive vice president of the Professional Services Council, a national trade organization representing security contractors, including Blackwater Worldwide.

 

In Iraq, Blackwater was charged with protecting U.S Department of State officials. On the day of the shootings, the five men were responding to a car bomb that exploded a mile away from Nisoor Square, in the vicinity of a separate Blackwater team that was transporting a state department official, according to court documents.

 

If the prosecution can successfully argue Blackwater's contract with the State Department supported the Department of Defense's mission in Iraq, then the five guards would be subject to MEJA, and thus the manslaughter charges.

 

"The crux of the case rests on it," Chvotkin said, adding there is "little precedent" for such a case.

 

Putnam said it may come down to how strongly Congress worded the amendment.

 

"It's more complex than your ordinary case," Putnam said. "It's hard to know what's going to happen."

 

While the five guards face a seemingly uncertain fate, a sixth, Jeremy Ridgeway, cut a plea deal and will most likely avoid a lengthy sentence.

 

In a signed proffer to prosecutors, Ridgeway said the shootings escalated after he shot and killed a medical student driving a slow-moving Kia sedan. The car, which prosecutors said posed no threat, was approaching a blockade the guards had set up after they ignored a direct order to return to the International "Green" Zone, according to court documents.

 

The incident strained U.S.-Iraqi relations and prompted a Congressional investigation into Blackwater.

 

An October 2007 report by the House Oversight and Government Reform Committee found Blackwater had been involved in 200 shootings since 2005, including one in which a drunk Blackwater employee allegedly shot and killed a guard of Iraqi Vice President Adil Abd-al-Mahdi. The organization's founder, Erik Prince, testified at the time that his employees did not act like "cowboys."

 

Chvotkin reinforced Prince's characterization of Blackwater employees - many of whom, like the five charged men, are ex-U.S. military.

 

Their training makes them "well-suited" to war zone environments, Chvotkin said

 

"They understand order and discipline," he said. "They're not lone rangers. They're not cowboys ... (being) overly aggressive is opposite the nature of their training."

 

External link: http://www.fosters.com/apps/pbcs.dll/article?AID=/20081210/GJNEWS_01/712109912/-1/FOSNEWS

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