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Thursday, September 20, 2007

The Age of Irresponsibility

Ahmad Al-Rubaye / AFP / Getty Images
Blackwater USA contractors secure the site of a roadside explosion in central Baghdad in 2005. The U.S. Embassy said a Blackwater convoy accused of killing eight civilians during a shootout in the capital Sunday had come under fire, and some local Iraqi television stations reported an exchange of gunfire at the scene.
How Bush has created a moral vacuum in Iraq in which Americans can kill for free.
WEB-EXCLUSIVE COMMENTARYBy Michael HirshNewsweek
Sept. 20, 2007 -
Imagine a universe where a man can gun down women and children anytime he pleases, knowing he will never be brought to justice. A place where morality is null and void, and arbitrary killing is the rule. A place that has been imagined hitherto only in nightmarish dystopian fiction, like “1984,” or in fevered passages from Dostoevsky—or which existed during the Holocaust and Stalinist purges and the Dark Ages. Well, that universe exists today. It is called Iraq. And the man who made it possible is George W. Bush.
The moral vacuum of Iraq—where Blackwater USA guards can kill 10 or 20 Iraqis on a whim and never be prosecuted for it—did not happen by accident. It is yet another example of something the Bush administration could have prevented with the right measures but simply did not bother about as it rushed into invading and occupying another country. With America’s all-volunteer army under strain, the Pentagon and White House knew that regular military cannot be used for guarding civilians. As far back as 2003, then-defense secretary Donald Rumsfeld convened a task force under Undersecretary of Defense David Chu to consider new laws that might be needed to govern the privatization of war. Nothing was done about its recommendations. Then, two days before he left Iraq for good, L. Paul Bremer III, the Coalition Provisional Authority administrator, signed a blanket order immunizing all Americans, because, as one of his former top aides told me, “we wanted to make sure our military, civilians and contractors were protected from Iraqi law.” (No one worried about protecting the Iraqis from us; after all, we still thought of ourselves as the “liberators,” even though by then the worst abuses at Abu Ghraib and other places were known.)
Nor can these private armies even be prosecuted in America under U.S. law. The Military Extraterritorial Jurisdiction Act of 2000, which permits charges to be brought in U.S. courts for crimes abroad, apparently applies only to Defense Department contractors (and even then the administration has rarely used it). Blackwater and other security firms work for the State Department. Even today, despite the crucial role of Blackwater and other private security firms—who employ up to 30,000 operatives in keeping the civilian side of the U.S. occupation going—Iraqis can do nothing if they are abused or killed by them. While many Blackwater operatives are brave and honorable—the company has lost some 30 of its employees in Iraq—many of these paramilitaries have long been known to be cowboys who act as if they are free to commit homicide as they please. And according to numerous Iraqi witnesses, they sometimes do.

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