• Contractors in Iraq Never Held Responsible

    July 8, 2011 // 2 Comments »

    If my child does something wrong, as a parent I’m responsible for interceding. If an employee does something wrong, the employer steps in to fix things. If a US Government contractor in Iraq does something wrong, anything from torture to sexual harassment to murder, nobody is held responsible. By law, it seems.


    The latest get out of jail free card was issued by the Supreme Court last week, when they let stand the dismissal of a lawsuit claiming that employees of two defense contractors took part in the torture and abuse of Iraqis at Abu Ghraib. The justices rejected an appeal by a group of 250 Iraqis seeking to reinstate their lawsuit against CACI International Inc, which provided interrogators at Abu Ghraib, and L-3 Communications Holdings Inc’s Titan unit, which provided interpreters to the U.S. military.

    The lawsuit was filed in 2004 on behalf of the Iraqis who said they or their relatives had been tortured or mistreated while detained by the US military at Abu Ghraib. They said contractor employees participated in the abuse. The justices declined to review a federal appeals court ruling that dismissed the lawsuit because the companies had immunity as government contractors. The Obama administration supported the companies and said the appeal should be denied. Free at last, I guess.


    Another case to make the news concerns the alleged rape in Iraq of KBR employee Jamie Leigh Jones by another KBR employee (Ms. Jones’ name and picture have been prominently featured around the web, so we are not “outing” anyone here). The criminal case got lost in immunities, and KBR’s insistence that the allegations be dealt with through the employee arbitration proceedings spelled out in Jones’ employment contract.

    After six years of legal fussing and fighting, the courts eventually sided with Jones, who is pursuing the matter as a civil complaint. Details are complex, and what really happened seems unclear—a good break down of the evidence is on Mother Jones. The claimed attack took place in 2005; ultimate source of all contractor legal matters Ms. Sparky has pages of details on the legal events since then.

    Sexual Harassment

    The problem of contractor liability is not new, nor is it going away. As a reminder, we’ve written previously about the problem women interpreters claiming sexual harassment at the hands of their contractor employment face– it is almost impossible to successfully sue any of America’s finest contractors for things that may have happened in Iraq.


    We also wrote about KBR, the contractor who runs the backstage portion of our wars, setting up the chow halls, building the offices, running the power lines and maintaining the plumbing. It is the latter task that resulted in a slip and fall lawsuit just settled after a federal judge ruled that KBR cannot be sued by someone who slipped in a toilet it maintained at Camp Shield. KBR argued against their having any liability for anything they ever did, citing cases as significant as the Supremes’ 1803 hit Marbury v. Freaking Madison in their defense.

    Ironic Comparison to the UK

    No blog post here is complete without an ironic comparison, this time to the way the UK has treated human rights abuses by its soldiers (Ok, yeah, not exactly the same as contractors, but…).

    The European court of human rights on July 7 issued two landmark rulings on UK abuses in Iraq. In the first (al-Skeini and others) it found that Britain had violated the rights of the families of four Iraqis killed by British forces (and one other case in which responsibility for the killing is disputed) by failing to ensure independent investigations into their deaths. In the second (al-Jedda) it ruled the UK had violated the rights of a man it had interned for three years without trial or any real opportunity to challenge his detention, on vague grounds of security.

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    Posted in Embassy/State, Iraq, Other Ideas