Remember “Blackwater” contractors engaged by the US State Department shooting up a public (Nissour) square in Baghdad in 2007 with dozens of innocent dead and wounded Iraqi’s. The fact that there was no threat at all when the Blackwater guards started their shooting only makes their conduct more repulsive in what was an already culpable act under the laws of every civilized state as well as international humanitarian law. But guess what: these private security guards were under the protection of an agreement which Iraq was effectively compelled to sign with the US Government. “SOFA” Agreements & Negotiating on Behalf of Bosnia in 1995 I helped negotiate and sign such an agreement, (SOFA or Status of Forces Agreement), with the US Government in anticipation of deployment of US and NATO forces in 1995 to implement the Dayton Accords. My focus then was on trying to compel US /NATO military to arrest indicted war crimes suspects. Subjecting US and NATO soldiers to the authority of NATO/country of nationality was and is the norm. However, providing similar protection to professional, private guns that might be retained by a range of US and foreign agencies becomes untenable as such private security views no responsibility toward the primary mission that brought the foreign forces into Bosnia or Iraq, and views its responsibility toward Bosnian or Iraqi citizens as an afterthought. (Ironically, it is believed that Blackwater has employed many veterans from the Balkans, including Bosnians – I’m aware of at least a few). Private Contractors in US Cities Employment of private contractors has been also noted within the US in domestic situations, the most contentious being the aftermath of Hurrican Katrina in New Orleans. While the facts remain contentious including even identity of such, at least in theory these private security contractors would be fully subject to US laws and regulations, in theory we emphasize. Professionalism Should Create Higher Expectations rather than Lower Standards: Blackwater has since changed its name to “Xe” and apparently has finally changed control as well as ownership. Xe is now active in Afghanistan and many other theaters as a private contractor retained by the US CIA, State Department (PHOTO ABOVE) and various other agencies. Prosecution of those responsible for the shoot-up of the Baghdad square was initially halted in US Courts although now the case may be revived. There were other incidents that went unpunished and largely under-reported, but did tremendous damage to the fundamental mission of the coalition in Iraq, undermined the effort to “win hearts and minds” not to mention the death or injury inflicted upon innocent Iraqi’s. As a functional matter, private security firms perhaps are unavoidable as they have greater experience and professionalism within their ranks.They may be especially welcome as "trainers" of police and military for emerging state institutions as in Iraq or Bosnia. However, it is exactly this professionalism that should subject them to higher standards and they should not benefit from the same “SOFA” arrangements intended to protect enlisted soldiers. Following Statement Issued by UN Iraq Human Rights Monitor (From Office of UN High Commissioner for Human Rights) - “The Government of Iraq should continue to regulate and monitor the activities of private military and security companies which are expected to continue their operations in the country”, says José Luis Gómez del Prado, Chair of the United Nations Working Group on the use of mercenaries,* at the end of a visit to Baghdad, Iraq. In the last decade, Iraq has been a major theatre of operations for private military and security companies. A series of high-profile incidents involving such companies, such as the Nissour Square shooting in 2007, have focused attention on the negative impact of their activities on Iraqis’ human rights. Such incidents, as well as abuses reported in other parts of the world, have prompted efforts to ensure that security companies and their personnel are held responsible for violations of human rights. Continued Immunity/Impunity During its visit to Iraq, the Working Group learned that the number of incidents involving private military and security companies has decreased in recent years. This could be attributed to several factors: the decrease in their military-related activities in Iraq (especially in mobile protection); stricter regulation by the Iraqi authorities; and efforts by the United States to tighten oversight of its private security contractors operating in Iraq. The Working Group commends the efforts of the Iraqi and United States authorities in this regard. Despite this decrease in incidents, Iraq continues to grapple with the grant of legal immunity extended to private security contractors under Order 17 issued by the Coalition Provisional Authority (CPA). This immunity prevented prosecutions in Iraqi courts. Nor have prosecutions in the home countries of such companies been successful. Four years after Nissour Square, the case against the alleged perpetrators is still pending in United States courts. In a welcome development, the 2009 Status of Forces Agreement (SOFA) between Iraq and the United States contains a provision removing the immunity of some private foreign security contractors in Iraq. It is not clear, however, whether this removal of immunity covers all contractors employed by the United States Government and whether it is fully applied in Iraqi courts. Mr. Gómez del Prado emphasized that “the removal of immunity fails to provide justice to those who were victims of serious human rights violations which occurred prior to 2009”. More Transparent & Effective Regulation Necessary CPA Order 17 also remains the legal basis for the Iraqi Government’s regulation of private military and security companies. In the view of the Working Group, this is not a firm basis for regulation. Iraq has introduced legislation regulating security companies, which has been pending since 2008. The Working Group urges the Iraqi Government to adopt this legislation as a matter of priority. The Group is, however, concerned about reports that the Iraqi Government has asked companies to terminate the employment of African and Asian personnel and recalls the international obligation of the State to apply all regulations in a non-discriminatory manner. “Providing security to its people is a fundamental responsibility of the State. Outsourcing security creates risks for human rights and the Iraqi Government must remain vigilant and devote the necessary resources to ensure that security companies – whether international or Iraqi – are stringently regulated and that they respect the human rights of the Iraqi people” said Faiza Patel, a member of the Working Group. The Working Group The Working Group, which visited Iraq at the invitation of the Government, held meetings with representatives from the Ministries of Interior, Justice, Defence, and Human Rights; as well as members of the High Judicial Council, parliamentarians, civil society organizations, representatives of the diplomatic community, and representatives of the security industry. (*) The Working Group is composed of five independent experts serving in their personal capacities: Mr. José Luis Gómez del Prado (Chair-Rapporteur, Spain), Ms. Faiza Patel (Pakistan), Mr. Alexander Nikitin (Russian Federation), Ms. Amada Benavides de Pérez (Colombia) and Ms. Najat al-Hajjaji (Libyan Arab Jamahiriya). Related Reports – “War Crimes Justice” Channel - diplomaticallyincorrect.org/c/war-crimes-justice By Ambassador Muhamed Sacirbey Facebook Become a Fan at “Diplomatically Incorrect” Twitter – Follow at DiplomaticallyX