Much has been written about the Status of Forces Agreement (SOFA) negotiated between the Bush administration and the Iraqi government. ABC News notes that the agreement would finally place American private military contractors like Blackwater under the jurisdiction of Iraqi courts:
The proposed agreement does away with the immunity Defense Department contractors received under the 2003 Coalition Provisional Authority order. But it would only give Iraqis authority to charge DOD contractors committing crimes off base and outside their official duties — a narrow definition that would likely limit much real impact.
“It’s a positive gesture because it’s a move to recognize the sovereignty of Iraq,” said Haider Hamoudi, a professor at the University of Pittsburgh School of Law. “But I don’t think it’s as practical as it is symbolic.”
However, contractors in other areas, such as for the State Department or USAID, wouldn’t have as many protections and would fall directly under Iraqi authority, regardless of whether they were acting in official duty, according to a copy of the agreement.
A State Department official said that the agreement brings U.S. contractors in line with procedures for U.S. citizens across the globe, including in Afghanistan.
The Iraqi parliament is considering whether to ratify the agreement this week. Blackwater, a private military firm under contract to protect State Department diplomats in Iraq, was founded by Michigan native Erik Prince.
Blackwater guards have been involved in a number of incidents that killed Iraqi citizens. In one such incident, a Blackwater employee shot and killed the bodyguard of the Iraqi vice president while drunk, but he could not be charged for the crime under Iraqi law. Blackwater quickly removed the employee from the country and brought him back to the United States, but he returned to Iraq a few months later with a different private security company.
In another incident, Blackwater guards opened fire on a crowd of civilians at a traffic checkpoint in Baghdad last fall and killed 17 people. Investigations by the Iraqi government and the Pentagon both determined that the Blackwater guards were unprovoked and liable for their actions. A grand jury in this country is considering whether to charge those guards now under American law.