The Iraqi government said it would revoke the business license of the security firm, Blackwater USA, after a shotting incident following an attack on a U.S. State Department convoy. The Interior Ministry of Iraq alleges 11 people were killed “when Blackwater contractors opened fire at random after mortar rounds landed near the convoy”, a spokesman said. Blackwater said it had acted “lawfully and appropriately” to the attack on the convoy. No State Department officials were wounded in the attack, though one vehicle was disabled and towed from the area. U.S. Secretary of State, Condoleeza Rice, telephoned the Iraqi Prime Minister Nuri al-Maliki to express regret over civilian casualties. Iraqi officials said it would review the status of security firms operated by foreign powers. Al-Maliki commented that the shooting was a “crime.”
Blackwater USA is contracted to protect key personnel in Iraq. The company was founded by former Navy SEAL, Eric Prince, and is comprised mostly of former U.S. Special Forces personnel. J. Cofer Black, the former head of the CIA's counterterrorism division, is also a vice president of the company.
Blackwater USA considers itself part of the U.S. Defense Department's “total force” and should be exempt from civilian prosecution. L. Paul Bremer, the administrator of Iraq following the initial U.S. occupation of the country, passed Order 17 in 2004, which declared “Contractors shall be immune from Iraqi legal process.” Blackwater also claims immunity from civilian courts because it would encroach on legal issues normally reserved for the military operations. Blackwater, however, is also absolved from prosecution under the Uniform Code of Military Justice because their employees are civilians and protected under the U.S. Constitution, not the codes of justice afforded to active duty soldiers.
Abdul-Karim Khalaf, spokesman for the Iraqi Interior Minister, said that legal exemptions do not apply to private security firms. He also stated that Iraq “will also refer those involved to Iraqi judicial authorities”. Blackwater, however, considers itself a compliment to the U.S. military and not a private security firm, and therefore immune from Iraqi prosecution. According to the Geneva Conventions, Blackwater may not be considered a mercenary force because their employees are also civilians of a country involved in combat operations in Iraq.
Blackwater gained public attention when contractors were ambushed in Fallujah, Iraq and brutally murdered in 2004. The charred remains of four Blackwater employees were hung from a bridge in the city. Nearly two dozen Blackwater contractors have been killed in Iraq.
Legal matters regarding Order 17 etc were from “Blackwater: The Rise of the World's Most Powerful Mercenary Army” by Jeremy Scahill. The quote regarding Order 17 is from page 163.
