Private Contractors In Afghanistan Seek Justice ... Shari'a Justice

MayorBob.

Posted to Legal on Sun Jun 22, 2008 at 09:58:19 AM EST (promoted by port1080). RSS.

The last thing an outfit like Blackwater would want is to see any of its employees fall under Shari'a law. It's a good thing Paul Bremer established "hands off" as the appropriate way to deal with Blackwater back when he was big cheese in Iraq.

Immunity for American servicemen and contractor employees is one of the sticking points as US and Iraqi negotiators try to hammer out a Status of Forces Agreement (SOFA). "Surprise, surprise" as Pvt Gomer Pyle would say. It seems that Blackwater has discovered an appreciation for Shari'a law in another case in another country.

The country is Afghanistan where one of Blackwater's subsidiaries Presidential Airways used to do cargo and charter services for the US government. Back in 2004, one of Presidential's small planes crashed while carrying three military members aboard. When it developed the winner of a (US)$35 million no-bid contract had cut corners and "violated regulations", the US Army lost no time in pointing the finger of blame in Presidential's direction. Survivors of the three dead servicemen filed a lawsuit seeking damages against Presidential.

The first go-around, Presidential tried to have the case dismissed under the logic that members of the US military can't sue the US government. The contention was that Presidential was acting as "an agent of the government." That motion was rejected last year (pdf doc) by the US Court of Appeals for the 11th District. Now the case is back in trial court again and the airline has found another gambit to play. They want the case settled by Shari'a, rather than by US law. Erik Prince, Blackwater CEO, said the lawsuit should settled by local law because the crash occurred in Afghanistan. Conveniently enough for the airline, Shari'a law doesn't hold an employer liable for damages caused by employees performing their regular duties. The airline's attorney argued that it was simply following precedence where courts have applied foreign law to settle cases in US courts. He characterized Afghan law as "largely religion-based and evidences a strong concern for ensuring moral responsibility, and deterring violations of obligations within its borders." If the judge rules in favor of Presidential, it will end the lawsuit.