Outsourcing the War

Just as there is a double standard in pay, there is a double standard in the application of the law. Soldiers who commit crimes or acts of misconduct are prosecuted under the Uniform Code of Military Justice. There have been some 64 courts martial on murder-related charges in Iraq alone. Compare that to the lack of prosecution of contractors. Despite the fact that tens of thousands, perhaps hundreds of thousands, have streamed in and out of Iraq since March of 2003, only two private contractors have faced any criminal prosecution. Two. One was a KBR employee alleged to have stabbed a co-worker, the other pleaded guilty to possession of child pornography images on his computer at Abu Ghraib prison. In four years, there have been no prosecutions for crimes against Iraqis and not a single known prosecution of an armed contractor.

That either means we have tens of thousands of Boy Scouts working as armed contractors or something is fundamentally wrong with the system. Brig. Gen. Karl Horst of the 3rd Infantry Division became so outraged by contractor unaccountability that he began tracking contractor violence in Baghdad. In just two months he documented twelve cases of contractors shooting at civilians, resulting in six deaths and three injuries. That is just two months and one general.

They have not been prosecuted under the UCMJ, under US civilian law or under Iraqi law. US contractors in Iraq reportedly have their own motto: “What happens here today, stays here today.” That should be chilling to everyone who believes that warfare, above all government functions, must be subject to transparency, accountability and the rule of law.

Jeremy Scahill| The Nation