IRAQ ANNOUNCED yesterday that it would challenge a decision by a US federal court judge dismissing the case against five private contractors for the killing of 17 Iraqi civilians in 2007.
Spokesman Ali al-Dabbagh said: “Inquiries carried out by government investigators confirm that the Blackwater guards committed a crime and used weapons when there was no threat necessitating the use of force.”
He said the government would “act forcefully and decisively to prosecute the Blackwater criminals”, including initiating suits against the company.
Ministerial adviser Saad Muttalibi said that if the case is not “resolved correctly”, it could strain relations between Iraq and the US and harm its interests elsewhere.
Gen Raymond Odierno, commander of US forces in Iraq, expressed his concern over what could be seen as a lack of accoun- tability. Although Blackwater, renamed Xe, is operating under new leadership and orders, the decision, he said, could stir po- pular resentment against all contractors working alongside US forces.
The five had pleaded not guilty to manslaughter, while a sixth, whose case is to be considered separately, admitted killing one Iraqi.
The judge in the case, Ricardo Urbina, threw out the case because prosecutors had relied on testimony given by the men after they had been promised immunity. He said this violated their constitutional rights. The men faced 10 years in prison on each of 14 counts of manslaughter, as well as firearms charges.
The shootings took place at Nisour Square on September 16th, 2007, when Blackwater guards escorting a state department convoy opened fire on vehicles in the crowded streets.
Blackwater claimed its men were acting in self-defence. Iraqis said they opened fire indiscri- minately without provocation.
The Nisour Square incident was the worst of many following the 2003 US occupation of Iraq. Both US troops and private contractors fired often on Iraqi vehicles approaching convoys or checkpoints, killing and wounding scores of Iraqis.
Following this incident, the US clamped down on both its forces and contractors to prevent similar shootings. In 2008 the Iraqi government insisted that contractors would no longer enjoy immunity from prosecution under a new memorandum of understanding governing operations of US troops in the country.
While US prosecutors are considering an appeal, an Iraqi group, which includes relatives of those killed in the square, is proceeding with a separate civil lawsuit lodged last year in a Virginia court.
