FacebookTwitterGoogle+RedditEmail

Do Private Military Contractors Have Impunity to Torture?

by LAURA RAYMOND

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 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.”

This legal battle is taking place as the United States is outsourcing war at a rate beyond anything ever seen in our history. During the wars in Iraq and Afghanistan the number of contractors has at times far exceeded the number of soldiers. Now, as the U.S. ends the war in Iraq, the State Department is reporting that it has been in the process of tripling the number of armed security contractors it will employ in Iraq to provide security for the thousands of State Department employees that will remain to work in what is now by far the largest U.S. embassy in the world.

It’s important for people to understand what is going on in the courts regarding this current litigation not only because the torture survivors need justice, but also because these cases have wide implications beyond this particular situation.  The corporations involved argue that they should be exempt from any investigation into the allegations against them because, among other reasons, our federal government’s interests in executing wars would be at stake if corporate contractors can be sued.  This is incredibly flawed logic; the lawsuits are for acts that are far outside the “laws of war” and these are crimes that are not in the government’s interest.

They are also invoking a new, sweeping defense that first appeared two years ago in a separate case CCR and co-counsel brought against these same corporations, Saleh v Titan. The new rule is termed “battlefield preemption” and aims to eliminate any civil lawsuits against contractors that take place on any “battlefield.” Among the numerous alarms this should set off is the fact that in the U.S.’ War on Terror it is argued that many places far from any actual warzone are now battlefields. Indeed, a detention center in Iraq filled with civilians who were never charged with any crimes, which is what we’re talking about in these current cases before the court, should not be considered a battlefield.   And acts of torture, which is what is at issue in these cases, cannot be characterized as “combat,” which is what this defense allows.

Think about what it would mean for private military contractors to be immune from any type of civil liability, even for war crimes, as long as it takes place on a so-called battlefield during this time of unprecedented use of contracting and when the term “battlefield” is being stretched to meaninglessness in the ever-expanding U.S. War on Terror. Anyone and everywhere could be a target. That is what is at stake here. Everyone who cares about human rights should be paying attention.

In giving their reasoning for dismissing these cases, the Fourth Circuit panel that originally heard the case (over a strong dissenting opinion) expressed its fear that cases like these would “undermine the flexibility that military necessity requires in determining the methods for gathering intelligence.” But this is exactly the point. No one should ever have the “flexibility” to commit war crimes, rape and other forms of torture. There absolutely must be consequences for these violations. If there are not, courts will essentially be saying anything goes – even the most sadistic and brutal torture – if you are a private military contractor.

LAURA RAYMOND is Advocacy Program Manager at the Center for Constitutional Rights.  

More articles by:

CounterPunch Magazine

minimag-edit

August 24, 2016
John Pilger
Provoking Nuclear War by Media
Jonathan Cook
The Birth of Agro-Resistance in Palestine
Eric Draitser
Ajamu Baraka, “Uncle Tom,” and the Pathology of White Liberal Racism
Jack Rasmus
Greek Debt and the New Financial Imperialism
Robert Fisk
The Sultan’s Hit List Grows, as Turkey Prepares to Enter Syria
Abubakar N. Kasim
What Did the Olympics Really Do for Humanity?
Renee Parsons
Obamacare Supporters Oppose ColoradoCare
Alycee Lane
The Trump Campaign: a White Revolt Against ‘Neoliberal Multiculturalism’
Edward Hunt
Maintaining U.S. Dominance in the Pacific
George Wuerthner
The Big Fish Kill on the Yellowstone
Jesse Jackson
Democrats Shouldn’t Get a Blank Check From Black Voters
Kent Paterson
Saving Southern New Mexico from the Next Big Flood
Arnold August
RIP Jean-Guy Allard: A Model for Progressive Journalists Working in the Capitalist System
August 23, 2016
Diana Johnstone
Hillary and the Glass Ceilings Illusion
Bill Quigley
Race and Class Gap Widening: Katrina Pain Index 2016 by the Numbers
Ted Rall
Trump vs. Clinton: It’s All About the Debates
Eoin Higgins
Will Progressive Democrats Ever Support a Third Party Candidate?
Kenneth J. Saltman
Wall Street’s Latest Public Sector Rip-Off: Five Myths About Pay for Success
Binoy Kampmark
Labouring Hours: Sweden’s Six-Hour Working Day
John Feffer
The Globalization of Trump
Gwendolyn Mink – Felicia Kornbluh
Time to End “Welfare as We Know It”
Medea Benjamin
Congress Must Take Action to Block Weapon Sales to Saudi Arabia
Halyna Mokrushyna
Political Writer, Daughter of Ukrainian Dissident, Detained and Charged in Ukraine
Manuel E. Yepe
Tourism and Religion Go Hand-in-Hand in the Caribbean
ED ADELMAN
Belted by Trump
Thomas Knapp
War: The Islamic State and Western Politicians Against the Rest of Us
Nauman Sadiq
Shifting Alliances: Turkey, Russia and the Kurds
Rivera Sun
Active Peace: Restoring Relationships While Making Change
August 22, 2016
Eric Draitser
Hillary Clinton: The Anti-Woman ‘Feminist’
Robert Hunziker
Arctic Death Rattle
Norman Solomon
Clinton’s Transition Team: a Corporate Presidency Foretold
Ralph Nader
Hillary’s Hubris: Only Tell the Rich for $5000 a Minute!
Russell Mokhiber
Save the Patients, Cut Off the Dick!
Steven M. Druker
The Deceptions of the GE Food Venture
Elliot Sperber
Clean, Green, Class War: Bill McKibben’s Shortsighted ‘War on Climate Change’
Binoy Kampmark
Claims of Exoneration: The Case of Slobodan Milošević
Walter Brasch
The Contradictions of Donald Trump
Michael Donnelly
Body Shaming Trump: Statue of Limitations
Weekend Edition
August 19, 2016
Friday - Sunday
Carl Boggs
Hillary and the War Party
Jeffrey St. Clair
Roaming Charges: Prime Time Green
Andrew Levine
Hillary Goes With the Flow
Dave Lindorff
New York Times Shames Itself by Attacking Wikileaks’ Assange
Gary Leupp
Could a Russian-Led Coalition Defeat Hillary’s War Plans?
Conn Hallinan
Dangerous Seas: China and the USA
Joshua Frank
Richard Holbrooke and the Obama Doctrine
FacebookTwitterGoogle+RedditEmail