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The Iraqi government announced on Wednesday that it has decided to formally revoke the immunity from prosecution granted to private security companies operating in the war-ravaged country.
“The cabinet held a meeting yesterday and decided to scrap the article pertaining to security companies operating in Iraq that was issued by the CPA (Coalition Provision Authority) in 2004,” government spokesman Ali al-Dabbagh said in a statement.
“It has decided to present a new law regarding this issue which will be taken in the next cabinet meeting.”
Article 1 of Section 2 of CPA order 17 issued by then US administrator for Iraq, Paul Bremer, stipulates that the “multinational force, foreign liaison missions, their personnel, property, funds and assets and all international consultants shall be immune from Iraqi legal process.”
Iraqi authorities have been venting over Order 17 as long as I have covered the issue. I listened to a Justice Ministry official explain to me why it was illegal one afternoon last spring. But to that I had a simple response: if the Government opposes the Order, nothing stops it from putting through legislation that will repeal it. And up until recently, the Government had been all talk and no action in this regard.
But the process was admittedly not an easy one. CPA Order 17, though issued with the authority of one man—Paul Bremer—has the status of a law, as I read the arrangements surrounding the transfer of authority from June 28, 2004. And that means that a decision of the cabinet to “scrap” it would not be effective. The step should be taken by the parliament (Council of Representatives, in Arabic “Majlis an-Nuwwab” or “???? ?????? ???????”) which exercises the legislative power, including the power to amend or repeal existing laws. Of course the parliament has been virtually dysfunctional up to this point, so the government’s recourse to a cabinet decision as an alternative can be understood. But is it more than a symbolic act?
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Freddie Gray’s relatives arrived for the trial in the afternoon, after the prep-school kids had left. By their dress, they seemed to have just gotten off work in the medical and clerical fields. The family did not appear at ease in the courtroom. They winced and dropped their heads as William Porter and his fellow officer Zachary Novak testified to opening the doors of their police van last April and finding Freddie paralyzed, unresponsive, with mucus pooling at his mouth and nose. Four women and one man mournfully listened as the officers described needing to get gloves before they could touch him.
The first of six Baltimore police officers to be brought before the court for their treatment of Freddie Gray, a black twenty-five-year-old whose death in their custody was the immediate cause of the city’s uprising last spring, William Porter is young, black, and on trial. Here in this courtroom, in this city, in this nation, race and the future seem so intertwined as to be the same thing.
Percentage of British citizens who say that Northern Ireland should remain part of the United Kingdom:
In the United Kingdom, a penis-shaped Kentish strawberry was not made by snails.
The Playboy mansion in California was bought by the heir to the Twinkie fortune, and a New Mexico man set fire to his apartment to protest his neighbors’ loud lovemaking.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”