Going after Blackwater

Thursday, Aug. 21, 2008 | 2:04 a.m.

When guards employed by State Department security contractor Blackwater Worldwide shot and killed 17 Iraqi civilians Sept. 16 in Baghdad, the incident highlighted the lack of accountability companies hired by the U.S. government have had in that war-torn nation.

Blackwater attorneys have argued that one possible law that can be used to punish offending contractors, the Military Extraterritorial Jurisdiction Act, applies only to companies hired by the Defense Department. But we hope Justice Department prosecutors, who have been investigating the guards, will develop a legal strategy that will result in convictions of any guilty Blackwater employees.

The Washington Post reported Sunday that the Justice Department sent “target” letters to six Blackwater guards, meaning at least some of them could be indicted. One possible argument for applying the jurisdiction law, made by Duke University law professor Scott Silliman, is that protection of State Department officials in Iraq is consistent with the Defense Department’s military mission.

Because no court has ruled on whether the law applies only to Defense Department contractors, it is difficult to tell whether prosecutors can mount a successful case. If they don’t and Blackwater guards escape punishment, we are setting ourselves up for future incidents of vigilante justice overseas that would do further damage to our already wounded international image.

Even if Blackwater guards are convicted, that may not be enough to solve the problem of accountability.

When Congress returns to work it should review all laws covering overseas contractors in war zones and close any loopholes that allow these companies to escape accountability. Some legislative proposals have suggested that the jurisdiction act explicitly cover more than just Defense Department contractors.

Better yet would be a national policy to eliminate as much privatization as possible from military missions because out-of-control private security forces are not the only problem. There has also been evidence of widespread war profiteering by U.S. companies in Iraq. Going after Blackwater is a good start but the problems with war contractors don’t end there.