Rules Free Zone in Iraq

by Erica Razook

It is not just Lockheed Martin, Northrop Grumman and Raytheon—traditional defense contractors that supply aircraft, missiles, and radar technology—that have won multi-million dollar contracts during the U.S. presence in Iraq and Afghanistan. Private military and security contractors, providing services ranging from interrogation and translation in detention centers to logistical support and personnel and convoy security in reconstruction efforts, have also enjoyed a sharp increase in demand.

 When lucrative contracts are awarded through a non-competitive, no-bid process, allegations of contractor involvement in serious human rights violations become a great concern. In the last several years, accusations have emerged, including participation by contractors in the torture of prisoners at Abu Ghraib. Yet Bush administration officials have made virtually no effort to hold contractors accountable or to compensate victims.

 Investigative reports of Abu Ghraib by the U.S. Army in 2004 implicated employees of two companies, CACI International and Titan Corp, acquired by L3 Communications. Steve Stefanowicz of CACI reportedly directed the use of dogs at Abu Ghraib, ordered that a prisoner not receive his prescription pain killers, made a male prisoner wear women’s underwear, failed to report abuse, and lied to investigators. Daniel Johnson, also employed by CACI, allegedly directed and participated in prisoner abuse and interrogated a prisoner in an “unauthorized stress position.” The reports accused three Titan employees of raping a male juvenile detainee, making false statements about interrogations, and failing to report detainee abuse.

 Additionally, media reports and documents produced through Freedom of Information Act requests have uncovered hundreds of incidents of contractors engaging in other abuses, including shooting at and killing Iraqi civilians. Yet despite these reports and the Army’s own findings, the Department of Justice has not prosecuted a single employee or contractor from any of the involved companies. To date, 17 known cases of civilians accused of detainee abuse languish on the U.S. Attorney General’s docket.

Only feeble attempts have been made by the agencies awarding the contracts to regulate the contractors’ behavior. The Department of Defense, where regulation actually exists, maintains that it is impossible even to require companies to register with it, let alone keep track of when and under what circumstances they use force. The lack of regulation at the agency level combined with the lack of prosecution at the judicial level leaves contractors operating in a virtually rules-free zone.

 Amnesty International has called on both the companies and the U.S. government to take responsibility. In April 2006, Amnesty appealed to all private military companies to put into effect and monitor a comprehensive human rights policy and periodically issue public reports on its implementation; screen employees and train them on international human rights standards; make public the results of investigations the company may conduct into alleged human rights abuses by employees; and disclose the terms of U.S. government contracts with respect to human rights.

Amnesty International also called on the U.S. government, in our May 2006 Annual Report press conference, to promptly investigate allegations of human rights violations committed by employees or contractors of private military and security companies, and to prosecute perpetrators where clear evidence of human rights violations exists. Additionally, we asked agencies of the U.S. government awarding contracts to private military and security companies to report to Congress annually on incidents of use of force against civilians by employees or contractors of those companies. Finally, Amnesty called on the U.S. government to require private military and security companies fulfilling U.S. government contracts to screen prospective employees and contractors, to review their criminal and job history, and to provide adequate training in human rights and humanitarian law. Since our press conference last year, we have posted these calls-to-action on our website, and have met with some of the involved agencies.

 In the last five months, Congress has attempted to address the lack of contractor accountability for human rights violations. The 2007 Defense Authorization Bill extends military jurisdiction to contractors, even where there is no formal declaration of war. While it is unclear whether this provision will survive Constitutional scrutiny, two bills recently introduced in the House and one in the Senate may help to add transparency, accountability, and civilian court jurisdiction to the industry, but have yet to be voted on. In addition, the Committee on Oversight and Government Reform has begun to hold hearings to promote investigations into various aspects of the outsourcing of the use of force.

Amnesty is pleased to see these bills introduced and investigations underway. Transparency and accountability are not only essential for protecting human rights, but also for ensuring that the government, tax-paying citizens and investors have accurate information on which to base decisions about the companies’ performance.