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Do Private Military Contractors Have Impunity to Torture?

(Image: shriekingtree/flickr)

(image: shriekingtree/flickr)

Unbelievably, in 2011 this question has not yet been settled in the courts of the United States. Human rights attorneys are headed back to court in the coming month to argue that, yes, victims of war crimes and torture by contractors should have a path to justice. Attorneys from my organization, the Center for Constitutional Rights, along with co-counsel, are representing Iraqi civilians who were horribly tortured in Abu Ghraib and other detention centers in Iraq in seeking to hold accountable two private contractors for their violations of international, federal and state law.

By the military’s own internal investigations, private military contractors from the U.S.-based corporations L-3 Services and CACI International were involved in the war crimes and acts of torture that took place, which included rape, being forced to watch family members and others be raped, severe beatings, being hung in stress positions, being pulled across the floor by genitals, mock executions, and other incidents, many of which were documented by photographs. The cases, Al Shimari v. CACI and Al-Quraishi v. Nakhla and L-3 aim to secure a day in court for the plaintiffs, none of whom were ever charged with any crimes.

The Department of Justice has thus far failed to prosecute any of the contractors involved, so the only path currently available for any accountability is through these human rights lawsuits. However, after years of litigation, the allegations of torture by contractors in these cases have still never been seriously examined, much less ruled on, by the courts. None of the plaintiffs in any of these cases has yet to have his or her day in court to tell their account of what they suffered. The reason is because the private military contractors have raised numerous legal defenses– many of which the plaintiffs’ lawyers have argued are plainly inapplicable to private corporations–which have kept the cases from moving into the discovery phase, where the nature of the contractors obligations, actions and oversight, as well as what happened to the plaintiffs would be the examined in detail. So far, CACI and Titan/L-3 have focused the courts on any question but whether the plaintiffs were tortured. As CCR and co-counsel summarize the question in their brief in Al-Quraishi v. Nakhla and L-3:

Are corporate defendants entitled to categorical “law of war” immunity for their alleged torture and war crimes when such a proposed immunity runs counter to settled understandings of the law of war and centuries of Supreme Court precedent, and would give for-profit contractors more protection from suit than genuine members of the U.S. Armed Forces?

This week, CCR and co-counsel filed briefs that argue the cases must go forward. Additionally, yesterday a number of other human rights organizations along with a group of retired high-ranking military officers are filing supporting amicus briefs to add their voices to the chorus of concern over contractor impunity. The military officers’ brief argues that, “given that employees of civilian contractors indisputably are not subject to the military chain of command, and therefore cannot be disciplined or held accountable by the military, it makes little sense to extend to them such absolute tort law immunity for their misconduct.” [cont’d.]

CommunityMy FDL

Do Private Military Contractors Have Impunity to Torture?

(Image: shriekingtree/flickr)

(Image: shriekingtree/flickr)

Unbelievably, in 2011 this question has not yet been settled in the courts of the United States. Human rights attorneys are headed back to court in the coming month to argue that, yes, victims of war crimes and torture by contractors should have a path to justice. Attorneys from my organization, the Center for Constitutional Rights, along with co-counsel, are representing Iraqi civilians who were horribly tortured in Abu Ghraib and other detention centers in Iraq in seeking to hold accountable two private contractors for their violations of international, federal and state law. By the military’s own internal investigations, private military contractors from the U.S.-based corporations L-3 Services and CACI International were involved in the war crimes and acts of torture that took place, which included rape, being forced to watch family members and others be raped, severe beatings, being hung in stress positions, being pulled across the floor by genitals, mock executions, and other incidents, many of which were documented by photographs. The cases, Al Shimari v. CACI and Al-Quraishi v. Nakhla and L-3 aim to secure a day in court for the plaintiffs, none of whom were ever charged with any crimes.

The Department of Justice has thus far failed to prosecute any of the contractors involved, so the only path currently available for any accountability is through these human rights lawsuits. However, after years of litigation, the allegations of torture by contractors in these cases have still never been seriously examined, much less ruled on, by the courts. None of the plaintiffs in any of these cases has yet to have his or her day in court to tell their account of what they suffered. The reason is because the private military contractors have raised numerous legal defenses– many of which the plaintiffs’ lawyers have argued are plainly inapplicable to private corporations–which have kept the cases from moving into the discovery phase, where the nature of the contractors obligations, actions and oversight, as well as what happened to the plaintiffs would be the examined in detail. So far, CACI and Titan/L-3 have focused the courts on any question but whether the plaintiffs were tortured. As CCR and co-counsel summarize the question in their brief in Al-Quraishi v. Nakhla and L-3:

Are corporate defendants entitled to categorical “law of war” immunity for their alleged torture and war crimes when such a proposed immunity runs counter to settled understandings of the law of war and centuries of Supreme Court precedent, and would give for-profit contractors more protection from suit than genuine members of the U.S. Armed Forces?

This week, CCR and co-counsel filed briefs that argue the cases must go forward. Additionally, yesterday a number of other human rights organizations along with a group of retired high-ranking military officers are filing supporting amicus briefs to add their voices to the chorus of concern over contractor impunity. The military officers’ brief argues that, “given that employees of civilian contractors indisputably are not subject to the military chain of command, and therefore cannot be disciplined or held accountable by the military, it makes little sense to extend to them such absolute tort law immunity for their misconduct.” (more…)

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Laura Raymond

Laura Raymond