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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:
No Comment — November 4, 2013, 5:17 pm
An expert panel concludes that the Pentagon and the CIA ordered physicians to violate the Hippocratic Oath
No Comment — August 12, 2013, 7:55 am
How will the Obama Administration handle Edward Snowden’s case in the long term?
No Comment — July 29, 2013, 11:36 am
Is it possible to simply disband the partisan FISA court?
Chances that a deep breath inhaled today will contain a molecule from Julius Caesar’s dying breath:
Innumeracy: Mathematical Illiteracy and Its Consequences, by John Allen Paulos, Hill and Wang (N.Y.C.)
The earth once had three moons; the two lost moons may have crashed into the surviving moon, or been sucked into the sun, or flung out of the solar system to drift through deep space.
In Florida, an 87-year-old World War II veteran flying touch-and-go drills in a Cessna collided with an airborne skydiver. “There was a ‘woof’ sound,” said a witness, “like falling on your face into your pillow.”
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“American politics has often been an arena for angry minds.”