House Passes Military Contractor Legislation = REMARKS Chairman John Conyers, Jr. (D-MI)

For Immediate Release - 10/4/2007
House Passes Military Contractor Legislation
Washington, DC
http://judiciary.house.gov/newscenter.aspx?A=857


Today, the U.S. House of Representatives overwhelmingly passed the Military Extraterritorial Jurisdiction Act (MEJA) Expansion and Enforcement Act of 2007, despite the Bush Administration's opposition, with a vote of 389-30. The bill, which passed through the House Judiciary Committee in August, makes private contractors working in combat zones like Iraq and Afghanistan subject to prosecution for wrongdoing in U.S. courts. House Judiciary Committee Chairman John Conyers, Jr. (D-MI) made the following remarks on the House floor in support of the bill:


We have never fought a war in which private contractors not only outnumber U.S. troops as they do in Iraq, but perform many tasks that are very similar to those historically performed by our troops. A critical difference, however, is that these contractors, unlike our troops, are not subject to the requirements of military discipline and U.S. law governing the conduct of warfare. Further, they are also immune from Iraqi law.

As we know, last month contractors working for Blackwater allegedly opened fire in a Baghdad neighborhood, killing at least 11 Iraqi civilians. A witness told a CNN reporter, “Each of their four vehicles opened heavy fire in all directions, they shot and killed everyone in cars facing them and people standing on the street.” Another witness, whose youngest son was killed during this attack, likened the event to "hell, like a scene from a movie."

This latest incident unfortunately evidences the fact that some of these contractors are abusing their power, with impunity, subject to no law whatsoever, domestic or foreign. H.R. 2740 corrects this serious gap in current law. Specifically, it amends the Military Extraterritorial Jurisdiction Act, known as “MEJA,” in three critical respects.

First, it closes the legal gap in current law by making all contractors accountable for their actions. MEJA currently only extends U.S. federal criminal jurisdiction to felony crimes committed overseas by contractors working on behalf of the Defense Department. H.R. 2740 specifies that the Act would apply to all contractors regardless of the agency for which they provide services.

Second, this measure requires the Inspector General of the Justice Department to examine and report on the Department’s efforts to investigate and prosecute allegations of misconduct committed by contractors overseas. Since the Iraq war started, the Department has failed to commence a single prosecution against a contractor under the MEJA statute.

Sadly, last month’s Blackwater incident was not the first time contractors have acted abusively without any legal accountability. Yesterday, we learned that Blackwater was involved in at least 195 shooting incidents in Iraq since 2005. And Blackwater is not the only culpable company. In 2005, armed contractors from the Zapata contracting firm allegedly fired indiscriminately not only at Iraqi civilians, but also at U.S. Marines. In 2006, employees of Aegis, another security firm, posted a “trophy video” on the Internet that showed them shooting civilians. And employees of Triple Canopy, yet another contractor, were fired after alleging that a supervisor engaged in a “joy-ride shooting” of Iraqi civilians. Cases like these should be appropriately investigated and prosecuted.

Third, H.R. 2740 establishes ground units of the FBI to investigate allegations of criminal misconduct by contractors. Notwithstanding the fact that more than 180,000 contractors are currently operating in Iraq, there is not a single investigating unit located in that country.

Pursuant to directive of the Administration, FBI agents are belatedly being sent in to investigate the Blackwater crime scene where evidence has long disappeared. Without a mandated investigating unit, the Justice Department lacks the ability, or the incentive, to respond effectively. H.R. 2740 fixes that shortcoming.

I would like to acknowledge the sponsor of this legislation, my colleague David Price of North Carolina, for his sustained leadership on this important issue of ensuring that those acting in our name will be held legally accountable for their conduct.

This legislation is supported by a number of groups, including Human Rights Watch, Human Rights First, the International Peace Operations Association and Amnesty International. The need for the legislation is extremely urgent, and I strongly encourage my colleagues to support its passage.

if legislation has just passed, can previous crimes be prosecuted I wonder?

kicked and recommended

This just gets better and better.

There is clear US authority over the US military, no matter where it's deployed. Usually you have Status of Forces Agreements to handle whether, or how much, US troops are subject to local laws. (Obviously in Iraq, with the CPA setting the rules before it was shut down, the answer for Iraq is: not at all.) But where does the US Congress have any jurisdiction over crimes committed by civilians working for civilians in Iraq? That wouldn't fly in any other country around the world. Why would it here?

And under what authority? MEJA stands for MILITARY Extraterritorial Jurisdiction Act. Where do we get off using the principle of making contractors in a war zone subject to military law - which is little tested, to my understanding - and use it to make people who commit felonies in other countries, with no connection to the US military, subject to prosecution in US courts? Where do you file the suits for pedestrian murder cases - anywhere you please, wherever you can easiest get a conviction? How about federal felonies? Iraq isn't "across state lines". It's well outside state lines.

This isn't like the Noriega case (the former dictator of Panama). These would be crimes occurring wholly on Iraqi territory from start to finish, which the US would claim extraterritorial jurisdiction for. They're not war crimes. They're just crimes. How can the US do this?

The real problem is that Iraq continues to grant these people immunity for criminal acts. Iraq changing that would be a positive step by a sovereign nation. On the other hand, this bill Conyers is pushing just mystifies me.

That's true, but Iraq's government is not (in reality) a truly "independent" government.

This proves it (again).

The US created Panama long ago, and one has to wonder if they are fully sovereign. They still don't have their own money!

The Blackwater criminals who opened fire on 9/16 will not be affected by this new legislation, correct? I think they should be held accountable, but don't see how new legislation can be applied to crimes already committed. I do think, from here on out, contractors (mercenaries) who murder in similar manner most certainly should be held accountable.