The federal Appeals Court decision to toss a lawsuit claiming contractors tortured detainees in Iraq's Abu Ghraib prison is what you'd expect from a tyranny.
The new ruling brushes off the charges by 212 Iraqis who said they or their late husbands were abused by U.S. personnel at Abu Ghraib. The suit charged private security firm CACI International Inc., of Arlington, Va., of crimes inside the Baghdad hellhole.
Butin a 2-1 ruling, the D.C. Court of Appeals said CACI "is protected by laws barring suits filed as the result of military activities during a time of war," the Associated Press reported. This opinion was written by Judge Laurence Silberman, a Reagan appointee, and supported by Judge Brett Kavanaugh, a Bush appointee.
"During wartime, where a private service contractor is integrated into combatant activities over which the military retains command authority, a tort claim arising out of the contractor's engagement in such activities shall be pre-empted," Silberman wrote. If so, with about as many U.S.-led contract mercenaries as regular army involved in the Iraq conflict, this decision preposterously exempts some 150,000 fighters from legal action for any crimes they commit. It gives a shoot-to-kill pass to privateers such as Blackwater, whose operatives on one occasion are said to have gunned down 17 unarmed Iraqi civilians.
"This abuse and torture of these prisoners detained during war time constituted war crimes and torture in violation of the Geneva Conventions of 1949, the U.S. War Crimes Act, the Convention against Torture, and the U.S. Federal Anti-torture Statute---felonies, punishable by death if death results as a violation thereof," said Francis Boyle, an international law authority at the University of Illinois, Champaign-Urbana.