A/HRC/7/7
page 18
45. In Iraq, by Order 17 issued by the Administrator of the Coalition Provisional Authority
on 27 June 2004, contractors are immune from prosecution.58 Something similar occurs in
Colombia where any of the abuses which may be committed by United States military personnel
and private contractors working under Plan Colombia can neither be investigated nor judged.59
Furthermore, following an agreement between Colombia and the United States of America
in 2003, the Government of Colombia would not be able to submit to the jurisdiction of the
International Criminal Court United States armed forces personnel and private contractors
working for transnational private security companies who have committed crimes against
humanity.60
46. The Working Group has reported the alleged involvement in human rights abuses in the
prison of Abu Ghraib in Iraq of employees of two PMSCs who have never been subject to
external investigations nor legally sanctioned, despite assurances given by the Government of the
United States of America.61 The Working Group also notes reports of erratic behaviour of some
PMSCs employees in Iraq with mottos such as: “what happens here today, stays with us
today”.62 It has also been alleged that “private security guards” would also detain Iraqis without
authorization.63 According to Iraqi officials and information from the United Nations Assistance
Mission in Iraq (UNAMI),64 on 16 September 2007, in al-Nusur Square in the neighbourhood of
Mansour in Baghdad, security contractors protecting a United States State Department convoy,
which was allegedly attacked, opened fire on civilians killing at least 11 persons, with alleged
use of security company helicopters firing into the streets, resulting in civilian casualties and
injuries. The security firm Blackwater claimed that its personnel came under attack by “armed
enemies” and fired back in self-defence. Iraqi authorities and witnesses claim the security
58
US Congressional Research Services, supra, p. 16.
59
The aerial spraying of Glyphosate and other toxicity-enhancing adjuvents by DynCorp, to
eradicate illicit coca leaves cultivation along the southern Colombian border with Ecuador would
have caused a number of adverse health consequences, including genetic damage
(A/HRC.4/42/Add.2, paras. 47-51).
60
J.H. Torres, supra.
61
A/61/341, paras. 69 and 71 and A/HRC/4/42, para. 35.
62
J. Scahill, supra, Steve Fainaru, “For Hired Guns”, Washington Post, 15 April 2007.
63
This is in addition to scores of gangs active in major Iraqi cities, Iraq Today,
http://warnewstoday.blogspot.com/ visited on 20 August 2007.
64
Information gathered from Human Rights Office Contribution to the
UNAMI SitRep: 17-23 September 2007.
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