U.S. Falls into Blackwater’s Trap

I would like to state for the record the U.S. justice system’s commitment to international humanitarian standards: independence, impartiality, integrity and legality. History shows its eagerness to maintain its trials’ legality and justness, how it pays no attention to any foreign government’s or others’ positions and that its judgment is dictated by its conscience. These reasons have enabled the U.S. justice system to gain respect and the appreciation of public opinion locally and globally.

Courts in the United States and in other countries are governed by the law and apply its rules as stated, so there is no jurisprudence within the text and no punishment except as provided therein. The legal text doesn’t always agree with the logic of some people or even with justice; however, this should be respected by public opinion and carefully noted so that the law stands above all.

Going back to the issue with which we are dealing, the American security company Blackwater [Xe Services LLC, as of Feb. 13, 2009] worked in Iraq under the American umbrella. I am not sure whether it continues to work or has stopped operating there because of contradictory news releases and official statements, but it certainly did operate in Iraq under the protection of the U.S. Army with absolute exemption from the jurisdiction of the Iraqi judicial system under any circumstances. Unfortunately, the Iraqi judiciary remained committed to this resolution with Blackwater as well as with other security services.

During that time, the Nisour Square incident occurred, claiming the lives of 17 civilians through no fault of their own except by being in the wrong place at the wrong time. This is why the Iraqi judiciary and security authorities couldn’t lift a finger in the face of those murderers who killed their victims in cold blood while protected by American troops, in accordance to their authority of occupation they so highly enjoyed. In order to cover up or stop the overwhelming protests of the Iraqi people, the U.S. Justice Department filed a case against Blackwater in U.S. courts.

These mercenaries, who are known globally for their inhumane, immoral and illegal engagements and activities, were passing by Nisour Square and claimed to have been under fire. Assuming this allegation is true — although many legal means to prove this allegation have failed to do so — the reaction of Blackwater was a disproportional response, according to the military. The guards used advanced weaponry intentionally and premeditatedly against innocent men, women and children, who cried for help. No human being can accept such dirty criminal behavior, let alone a judge who has all the resources and insight into such cases, who knows that it’s an issue of premeditated revenge and racism, broadcast around the world on satellite channels. The U.S. judge has truly fallen into Blackwater’s trap — despite its global reputation as specialists in crime, assassinations, forgery and tampering with the facts. Since the court is thousands of miles away from the crime scene, the facts and witnesses came from Blackwater itself. Because the U.S. State Department moved the case to court and is obliged to defend Blackwater, the decision came out inconsistent with the facts.

These facts contributed to and facilitated the unfair case before a competent judge, though I honestly do not spare him the responsibility of declaring Blackwater innocent in this way because this decision is unfair and illegal. This decision tainted the U.S. justice system regardless of the questions raised by the media about the victims receiving compensation, because in every crime that deals with private civil rights vs. public rights, there must be a clear conviction.

In this regard, we must refer to the mistake of interim Prime Minister Ayad Allawi, who withdrew Iraq’s application for the Rome Statute that established the International Criminal Court (ICC). If the Iraqi government had joined the Court, it and the victims could have turned to the ICC to prosecute these killers and the U.S. government would have been unable to help them. We appeal to the current Iraqi government to ratify the Statute to protect the country and its people from attacks and interventions of any kind, especially with the presence of U.S. forces and security companies on Iraqi soil.

The case of Blackwater and the Nisour Square victims will continue to be a black spot on the face of American justice. The judicial system failed to fulfill its duties and fell into the trap set by this company, which has a black record in every country in which it has worked.

Immediate action is required by the U.S. State Department, the Iraqi government and American lawyers to appeal this unjust decision for the victims of Nisour Square. They must condemn and punish human rights violators and perpetrators of crimes against humanity since the national judiciary remains unable to intervene as long as this case remains outside its jurisdiction as decided by the occupation authority.