U.S. seeks immunity for contractors

By Edward Cody
The Washington Post

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The U.S. proposal, confirmed yesterday by Prime Minister Iyad Allawi's office, has touched a nerve with some nationalist-minded Iraqis already chafing under the 14-month-old U.S.-led occupation.

If accepted by Allawi, it would put the highly visible U.S. foreign contractors into a special legal category, not subject to military justice and beyond the reach of Iraq's justice system.

The in-control status of U.S. troops and officials — from Humvee drivers who demand priority in traffic to civilian administrators intervening in the choice of Iraqi leaders — often has been cited by Iraqis who oppose the occupation on nationalist grounds.

The civilian contractors, particularly armed security personnel, have generated similar resentment from Iraqis, many of whom long ago tired of having foreigners tell them where they can and cannot go.

"They have made that demand," Allawi spokesman George Sada said. "We think it is a bit too much. It is under discussion."

The Coalition Provisional Authority did not respond to requests for comment.

The question of the contractors' status also has arisen because of two U.S. contract employees at Abu Ghraib prison who were accused in a Pentagon report of participating in illegal abuse of Iraqi prisoners. The two have not been charged with any crimes in Iraq or the United States, although some of their Army colleagues face military tribunals.

Estimates of the total number of foreigners working here have ranged from 20,000 to 30,000.

"But no one really knows," said a civilian security executive.

As an occupying army, the 138,000 U.S. military personnel stationed in Iraq have been outside Iraqi law since U.S.-led forces took over the country in April 2003.

The troops will remain exempt in the future on the basis of a June 8 U.N. Security Council resolution and an accompanying exchange of letters between Allawi and the U.S. government in which Iraq requests their continued presence, according to a senior U.S. military official.

Copyright © 2004 The Seattle Times Company

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