Blackwater Shootings

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In late September Blackwater USA, a private security contractor working in Iraq, opened fire in a Baghdad traffic circle, killing 17 Iraqis and injuring 27 more. At the time, Blackwater security personnel were protecting a State Department convoy. While Erick Prince, the CEO of Blackwater USA, has publicly asserted that the guards shot in self-defense after first coming under fire, U.S. Military and Iraqi government probes have determined that the shootings were unprovoked.

According to a 2004 order enacted by the American, interim government in Iraq, Blackwater guards are not liable under any Iraqi law, yet it is unclear whether they can be prosecuted under U.S. law. Recently, the case has become complicated by grants of immunity provided to the guards by State Department personnel. By invoking what are known as “Garrity rights,” which are named after a 1966 Supreme Court case in which they were first defined, the Blackwater guards involved in the shooting agreed to talk with State Department agents in exchange for promises of immunity from criminal prosecution. Although the Justice Department may still ultimately choose to prosecute the guards, this invocation of Garrity rights has complicated the current investigation, which has been handed over from the State Department to the FBI. Citing their supposed immunity, Blackwater guards have refused to talk with FBI investigators.

The Blackwater case raises a number of important issues. Most notably, since private security contractors are U.S. firms employing civilian workers, they are neither covered by U.S. Military law nor Iraqi law. In fact, there seems to be a general dearth of legal rules to govern the actions of private security firms working in Iraq. In other words, what court or courts should have jurisdiction over private security contractors? And what legislation ought to be enacted?

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Ima Hogg

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Hoysala Empire

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Kinetoscope

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Quneitra

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Belarus

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