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Nisour Square massacre

The Nisour Square massacre occurred on September 16, 2007, when employees of Blackwater Security Consulting (now Constellis), a private military company contracted by the US government to provide security services in Iraq, shot at Iraqi civilians, killing 17 and injuring 20 in Nisour Square, Baghdad, while escorting a U.S. embassy convoy.[1][2][3] The killings outraged Iraqis and strained relations between Iraq and the United States.[4] In 2014, four Blackwater employees were tried[5] and convicted in U.S. federal court; one of murder, and the other three of manslaughter and firearms charges;[6] all four convicted were controversially pardoned by President Donald Trump in December 2020.[7][8] U.N. experts said the pardons "violate U.S. obligations under international law and more broadly undermine humanitarian law and human rights at a global level”.[9]

Nisour Square massacre
Part of the Iraq War
LocationNisour Square, Baghdad, Iraq
Coordinates33°18′08″N 44°21′23″E / 33.30222°N 44.35639°E / 33.30222; 44.35639
DateSeptember 16, 2007 (2007-09-16)
12:00 pm (UTC+03:00)
Attack type
Massacre
War crime
Deaths17
Injured20
PerpetratorsBlackwater contractors
Convicted
  • Dustin Heard (pardoned)
  • Evan Liberty (pardoned)
  • Nicholas Slatten (pardoned)
  • Paul Slough (pardoned)
  • Jeremy Ridgeway
VerdictGuilty
ConvictionsSlatten:
First-degree murder

Heard, Liberty, Slough:

Ridgeway: (1 count each)

SentenceSlatten:
Life imprisonment without the possibility of parole
Slough:
15 years in prison
Liberty:
14 years in prison
Heard:
12+12 years in prison
Ridgeway:
1 year and 1 day in prison

Blackwater guards claimed that the convoy was ambushed and that they fired at the attackers in defense of the convoy. The Iraqi government and Iraqi police investigator Faris Saadi Abdul stated that the killings were unprovoked.[10][11] The next day, Blackwater Worldwide's license to operate in Iraq was temporarily revoked.[12] The U.S. State Department has said that "innocent life was lost",[13] and according to The Washington Post, a military report appeared to corroborate "the Iraqi government's contention that Blackwater was at fault".[14] The Iraqi government vowed to punish Blackwater.[15] The incident sparked at least five investigations, including one from the Federal Bureau of Investigation.[16] The FBI investigation found that, of the 17 Iraqis killed by the guards, at least 14 were shot without cause.[17]

Incident edit

Sequence of events triggering the Nisour Square massacre[18][19]
1
Blackwater 'Raven 23' convoy enters Nisour Square from the south via access road from Iraqi army base; individual vehicles take positions along the southern edge of the traffic circle to control entry.
2
Iraqi traffic officer halts northbound traffic into Nisour Square
3
Northbound Kia near the head of the line fails to stop; driver is shot and killed by 'Raven 23'. The Kia's passenger, Iraqi traffic officer, and fourteen more civilians in the column of northbound traffic subsequently are shot and killed.

Just before noon on September 16, 2007, a car bomb exploded near the Izdihar Compound where US and Iraqi officials were meeting,[20]: 547  and a 19-man Blackwater Tactical Support Team (TST) consisting of a convoy of four trucks, answering to the call sign "Raven 23", took up positions on the south side of Nisour Square to secure an evacuation route for the US officials and another Blackwater team providing security for them.[21]: 116  [22] The Blackwater commander, Jimmy Watson, had received an order to stand by and not leave the Green Zone upon reaching a checkpoint, but he made a "tactical decision" to advance to Nisour Square after waiting for a few minutes; upon informing the Blackwater Tactical Operations Center of this, he was ordered to return to the Green Zone. However, after "Raven 23" entered Nisour Square, Watson was ordered to "lock down the traffic circle to expedite the travel of [the other Blackwater team]".[23]: 32  Shortly after assuming their positions, "Raven 23" began firing on civilians in response to an approaching car, killing fourteen and wounding twenty more.[21]: 116 

During opening arguments for a criminal trial held in 2014, defense lawyers representing former Blackwater members of Raven 23 argued the men felt the approaching Kia was a credible threat as a possible car bomb, and opened fire in self-defense. Prosecutors argued the men did not face hostile gunfire when they began shooting, and continued to shoot despite the lack of threats.[24] The driver of the Kia was shot once in the head by a Blackwater contractor and was killed. The Kia continued to roll forward after the driver was killed, according to an eyewitness, and Raven 23 continued to fire on it, killing the passenger (the driver's mother); eventually, the Kia was struck by a grenade and was incinerated.[25]

A State Department spot report published the same day as the incident stated that eight to ten attackers opened fire on Raven 23 "from multiple nearby locations, with some aggressors dressed in civilian apparel and others in Iraqi police uniforms" after the convoy had entered Nisour Square,[26] starting at 12:08 p.m.[27] The report added that another Blackwater Tactical Support Team (TST 22), who had escorted the officials and TST 4 back to the Green Zone, was redirected to support Raven 23. Raven 23 "returned defensive fire" and withdrew from Nisour Square with one of its BearCat vehicles in tow. As Raven 23 was departing Nisour Square, several members continued to discharge their weapons, causing additional civilian deaths and injuries.[28] TST 22 arrived at Nisour Square after Raven 23 had left; when TST 22 tried to withdraw, its route was blocked by Iraqi Army and Police vehicles.[26][27] A U.S. Army convoy arrived at 12:39 p.m., backed by air cover, to escort TST 22 back to the Green Zone.[26][29]

An Iraqi government account of the incident stated that as the convoy drew close to Nisour Square, a Kia sedan with a woman and her adult son in it was approaching the square from a distance, driving slowly on the wrong side of the road, and that the driver ignored a police officer's whistle to clear a path for the convoy.[19] According to this account, the security team fired warning shots and then lethal fire at the Kia. They then set off stun grenades to clear the scene. Iraqi police and Iraqi Army soldiers, mistaking the stun grenades for fragmentation grenades, opened fire at the Blackwater men, to which they responded.[18][30] Iraqi investigators also alleged that Blackwater helicopters fired into the cars from the air, as at least one car had bullet holes in its roof; Blackwater has denied any of its aerial units discharged weapons.[25][31]

The account by the Blackwater firm differed from the Iraqi government's account; Blackwater's account stated the driver of the Kia sedan had kept driving toward the convoy, ignoring verbal orders, hand signals, and water bottles thrown at the car, and continued to approach even when fired upon. An Iraqi policeman went over to the car, possibly to help the passenger, but the vehicle kept moving and it looked to the guards as if the policeman was pushing the car towards the Blackwater TST. In their view, this confirmed that they were under attack by a vehicle bomb, whereupon they fired at the car, killing both people in it as well as the Iraqi policeman.[32] In response to the guards' killing of the Iraqi policeman, other Iraqi police officers began to fire at the Blackwater men, who communicated to the State Department operations center that they were under attack. A State Department employee who was walking into the department's Baghdad operations center on the day of the incident heard a radio call from the convoy: "Contact, contact, contact! We are taking fire from insurgents and Iraqi police."[32] According to Blackwater vice-president Marty Strong, the convoy was hit with "a large explosive device" and "repeated small arms fire" which disabled a vehicle.[29] Several sources have stated that the explosion was caused by a mortar round, though this is not reflected in the State Department's incident report.[26][27]

On September 27, 2007, The New York Times reported that during the chaotic incident at Nisour Square, one member of the Blackwater security team continued to fire on civilians despite urgent cease-fire calls from colleagues. It remains unclear whether the team member mistook the civilians for insurgents. The incident was allegedly resolved only after another Blackwater contractor pointed his weapon at the man still firing and ordered him to stop.[33]

Three Blackwater guards who witnessed the incident later said that they believed the shootings were unjustified.[34]

Immediate aftermath edit

Casualties[35][28]

Killed:

  1. Ahmed Haithem Ahmed Al Rubia'y, 21
  2. Mahassin Mohssen Kadhum Al-Khazali, 44
  3. Osama Fadhil Abbas, 52
  4. Ali Mohammed Hafedh Abdul Razzaq, 9
  5. Mohamed Abbas Mahmoud, 47
  6. Qasim Mohamed Abbas Mahmoud, 11
  7. Sa'adi Ali Abbas Alkarkh, 52
  8. Mushtaq Karim Abd Al-Razzaq, 18
  9. Ghaniyah Hassan Ali, 55
  10. Ibrahim Abid Ayash, 77
  11. Hamoud Sa'eed Abttan, 33
  12. Uday Ismail Ibrahiem, 27
  13. Mahdi Sahib Nasir, 26
  14. Ali Khalil Abdul Hussein, 54

Wounded:

  1. Majed Salman Abdel Kareem Al-Gharbawi
  2. Jennan Hafidh Abid al-Razzaq
  3. Yasmin Abdul Kidr Salhe
  4. Mohanad Wadhnah
  5. Haydar Ahmad Rabie Hussain Al-Khafaji
  6. Hassan Jaber Salman
  7. Farid Walid Hasoun Al-Kasab
  8. Abdul Amir Raheem Jihan Yasser
  9. Wisam Raheem Fliah Hasan Al-Miri
  10. Talib Mutluk Diwan
  11. Adel Jaber Sham'ma Al-Jadiri
  12. Nasir Hamzah Latif Al-Rikabi
  13. Mahdi Abid Khider Abbas Al-Faraji
  14. Abdul Wahab Abdul Qadar Al-Qalamchi
  15. Bara Sadoon Ismail Al-Ani
  16. Sami Hawa Hamud Al-Sabahin
  17. Fawziyyah Aliwi Hassoon
  18. Ali Hadi Naji Al-Rubaie
  19. Alah Majeed Sghair Zaidi
  20. Jassim Mohammad Hashim

In the immediate aftermath of the attacks, Blackwater's rights to conduct work in Iraq were temporarily suspended.[36] Several Iraqi and American investigations have been conducted into the incident.[37][38] The incident caused Iraqi Prime Minister Nuri al-Maliki to call on the U.S. government to end its contract with Blackwater USA,[39] and for the Iraqi government to push for an apology, compensation for victims or their families and for the guards involved in the shooting to be held "accountable".[40] The US House passed a bill, titled the Military Extraterritorial Jurisdiction Act, that would make all private contractors working in Iraq and other combat zones subject to prosecution by U.S. courts.[41]

License to operate in Iraq edit

On September 18, 2007, an Iraqi Interior Ministry spokesman said Blackwater is "not allowed to operate anywhere in the Republic of Iraq". However, the company was allowed to continue to operate in Iraq until January 2009 when the U.S.–Iraq Status of Forces Agreement took effect.[42] A spokesman stated that the ban would last for the duration of the investigation, and that it would not be permanent.[29] The banning was described by P. W. Singer, an expert on the private military industry, as "inevitable", given the US government's reliance on and lack of oversight of the private military industry in Iraq.[43]

The Private Security Company Association of Iraq, in a document last updated on July 3, 2007, listed Blackwater as not having a license to operate in Iraq despite their attempts to apply for one.[44] Blackwater's operations on behalf of the U.S. Department of State and the CIA may be unaffected by license revocation.[45] Also, it is not clear whether the license revocation is permanent.[36]

On September 19, as a result of the incident, the United States temporarily suspended all land travel by U.S. diplomats and other civilian officials in Iraq outside Baghdad's heavily fortified Green Zone. The order confines most Americans to a 3.5 square miles (9.1 km2) area in the center of the city so that they are unable to visit other areas without traveling in a helicopter. The order did not say when the suspension would expire.[46] On September 21, CNN reported that Blackwater would resume normal operations the following day.[37]

Blackwater, which had been operating in Iraq without an Iraqi government license, applied for one after the incident, but the application was rejected by Iraqi officials in January 2009. The Iraqi government ordered Blackwater to leave Iraq as soon as a joint Iraqi-U.S. committee finished drafting new guidelines on private contractors under the Iraqi-U.S. security agreement. On January 31, 2009, the U.S. State Department notified Blackwater that it would not be renewing its security contract with the company.[47]

Investigations edit

The U.S. State Department said it planned to investigate what it called a "terrible incident".[48] According to Iraqi Prime Minister Nuri al-Maliki, Secretary of State Condoleezza Rice promised a "fair and transparent" investigation into the incident. The State Department announced an American-Iraqi joint commission to investigate both the shooting and the broader issue of employing private security contractors. The committee was co-chaired by Abd al Qadir, the Iraqi Minister of Defense, and Patricia A. Butenis, the Chargé d'affaires of the U.S. Embassy in Iraq.[37]

Henry Waxman, the chair of the House Committee on Oversight and Government Reform, which held hearings on the use of Private Security Contractors in February 2007, said his committee would hold hearings "to understand what has happened and the extent of the damage to U.S. security interests".[38] Waxman stated that "the controversy over Blackwater is an unfortunate demonstration of the perils of excessive reliance on private security contractors."[29]

On October 4, 2007, the Federal Bureau of Investigation announced that it would be taking the lead in the investigation of the shooting incident.[49]

Findings edit

An Interior Ministry spokesman said Iraqi authorities had completed their investigation into the shooting and concluded that Blackwater guards were responsible for the deaths. U.S. military reports appear to corroborate the Iraqi government's contention that Blackwater was at fault in the incident.[14]

On October 2, 2007, the Democratic staff of the House Oversight and Government Reform Committee released a report stating that Blackwater USA guards had used deadly force weekly in Iraq and had inflicted "significant casualties and property damage". The report found that the guards fired their weapons 195 times from the beginning of 2005 through the second week of September 2005. The report further said that Blackwater had reported that its forces fired first in over 80 percent of the cases.[50]

On October 4, 2007, U.S. military reports indicated Blackwater's guards had opened fire without provocation and used excessive force. "It was obviously excessive", a U.S. military official speaking on condition of anonymity told the Washington Post. "The civilians that were fired upon, they didn't have any weapons to fire back at them. And none of the I.P. (Iraqi police) or any of the local security forces fired back at them", the official continued. The Blackwater guards appeared to have fired grenade launchers in addition to machine guns, according to the report.[14]

On October 13, 2007, the FBI reported that it had concluded that at least 14 of the 17 Iraqis who died in the square had been killed without cause.[19] The three justifiable killings were those of the two passengers in the white Kia sedan and an unidentified Iraqi nearby.[19] A Blackwater spokeswoman responded to the findings by saying Blackwater "supports the stringent accountability of the industry. If it is determined that one person was complicit in the wrongdoing, we would support accountability in that. The key people in this have not spoken with investigators."[51][52][53]

On January 19, 2008, The New York Times reported that the contractor responsible for many of the deaths in the engagement, previously known only as "turret gunner no. 3", is named Paul Slough .[54] He enlisted in 1999, and served in Bosnia with the 3rd Infantry Division.[54] He received an honorable discharge in 2002 and then enlisted in the Texas National Guard.[54] He served one tour in Iraq before being hired as a Personal Security Specialist in Iraq.[54]

Radio logs released in December 2008 seemed to affirm that the guards had been responding to an attack on September 16. The logs depicted "a hectic eight minutes in which the guards repeatedly reported incoming gunfire from insurgents and Iraqi police".[55]

On April 1, 2009, the Associated Press reported that forensic tests on bullets were inconclusive. None of the bullets the lab had available could be matched to the rifles used by the guards.[56]

On April 1, 2011, the Associated Press reported on Erik Prince's seven-hour testimony about what allegedly transpired. Prince strongly criticized the way in which federal authorities had handled the investigation and disputed the claims that U.S. or Blackwater personnel were to blame for the shootings. In his testimony, Prince noted that, "It seems the ballistics analysis was done to prove the guilt of the Americans, not to just try to identify what happened there." Erik Prince said that he didn't believe the FBI had fully investigated the sources of all the used bullets in Nisour Square, arguing that it would have been helpful if the defense had been in possession of a complete ballistics report. FBI scientists couldn't match bullets from the square to guns carried by the Blackwater guards and FBI investigators found foreign cartridge cases of a kind not used by U.S. or Blackwater personnel. As shootings in the square were not uncommon, it is unclear whether the shells were from the shooting in question or from other incidents.[57]

October 2007 United Nations report edit

In October 2007, the United Nations released a two-year study that stated that private contractors, although hired as "security guards", were performing military duties. The report found that the use of contractors such as Blackwater was a "new form of mercenary activity" and illegal under international law; however, the United States is not a signatory of the 1989 UN Mercenary Convention banning the use of mercenaries.[58] Nor is the US a signatory of the 1977 additional protocol to the 1949 Geneva Conventions in which Article 47 specifies that mercenaries are civilians who "take a direct part in the hostilities" and are "motivated to take part in the hostilities essentially by the desire for private gain".[59] (The Protocol makes no distinction between defensive and offensive actions, but the U.S. does make such a distinction, in that it does not regard defensive actions by security guards to be combat.)[60]

Reactions from Iraqis edit

Baghdad resident Halim Mashkoor told AP Television News, "We see the security firms ... doing whatever they want in the streets. They beat citizens and scorn them. ... [I]f such a thing happened in America or Britain, would the American president or American citizens accept it?"[46] Hasan Jaber Salman, a lawyer who was one of the wounded, said that "no one did anything to provoke Blackwater" and that "as we turned back they opened fire at all cars from behind"[61] An Iraqi police officer who was directing traffic at the scene said Blackwater guards "became the terrorists" when they opened fire on civilians unprovoked, while a businessman said he wasn't seeking compensation but only "the truth" from the guards.[62] After a group of Iraqi ministers backed the Iraqi Interior Ministry's decision to shut down Blackwater USA's operations in Iraq,[29] Iraqi Prime Minister Nuri al-Maliki called on the U.S. government to end its contract with Blackwater[39] and called on Blackwater to pay the families $8 million in compensation.[63]

A U.S. judge's decision to dismiss all charges against Blackwater on January 1, 2010, sparked outrage in the Arab world.[64]

Actions against Blackwater edit

US Secretary of Defense Robert Gates testified before Congress that the Pentagon has sufficient legal authority to control its contractors, but that commanders lack sufficient "means and resources" to exercise adequate oversight.[12] On October 4, 2007, the U.S. House passed a bill that would make all private contractors working in Iraq and other combat zones subject to the Military Extraterritorial Jurisdiction Act[65] and thus prosecution by U.S. courts.[41] Senate Democratic leaders said they planned to pass similar legislation as soon as possible.[41]

Richard J. Griffin, the Assistant Secretary of State for Diplomatic Security, who made key decisions regarding the department's oversight of private security contractor Blackwater USA, resigned in November 2007, after a critical review by the House Oversight Committee found that his office had failed to adequately supervise private contractors during the Blackwater Baghdad shootings.[66] Howard Krongard, who was appointed Inspector General of the U.S. State Department in 2005,[67] resigned in December 2007 after he was accused by the House Oversight Committee of improperly interfering with investigations into the Blackwater Baghdad shootings.[68][69]

Court actions edit

On September 24, 2007, the Iraqi Ministry of the Interior announced it would file criminal charges against the Blackwater staff involved in the shooting, although it is unclear how some of them will be brought to trial.[37] A senior aide to al-Maliki said that three of the Blackwater guards were Iraqis and could be subject to prosecution. The aide also said that the Iraqi government was pushing for an apology, compensation for victims or their families and for the guards involved in the shooting to be held "accountable".[40]

On October 11, 2007, the Center for Constitutional Rights filed suit against Blackwater USA under the Alien Tort Claims Act on behalf of an injured Iraqi and the families of three of the seventeen Iraqis who were killed by Blackwater employees during the September 16, 2007, shooting incident.[63] The suit was settled for an undisclosed sum in January 2010.[70] A second civil lawsuit filed jointly by the families of six victims against Blackwater was settled on January 6, 2012 for an undisclosed sum.[71]

Criminal charges edit

In December 2008, the United States Department of Justice announced it was filing criminal charges against five of the Blackwater employees, and ordered them to surrender to the FBI. Five were charged with 14 counts of manslaughter, 20 counts of attempted manslaughter and a weapons violation: Donald Ball, a former Marine from West Valley City, Utah; Dustin Heard, a former Marine from Knoxville, Tennessee; Evan Liberty, a former Marine from Rochester, New Hampshire; Nicholas Slatten, a former army sergeant from Sparta, Tennessee, and Paul Slough, an army veteran from Keller, Texas.[72] A sixth Blackwater guard, Jeremy Ridgeway of California, struck a deal with prosecutors on December 4, 2008 and pleaded guilty to one count each of voluntary manslaughter, attempted manslaughter, and aiding and abetting,[72][3] and agreed to testify against the other five men.[73]

The trial was set for early 2010,[74] but the charges were dismissed by United States District Court for the District of Columbia Judge Ricardo Urbina on December 31, 2009, who ruled that the Justice Department had mishandled evidence and violated the guards' constitutional rights.[21][75] In the memorandum opinion, Judge Urbina ruled the cases against Slough, Liberty, Heard, Ball, and Slatten had been improperly built on testimony given in exchange for immunity;[76] that evidence included statements the guards had been compelled to give to State Department investigators, and as these statements would have been self-incriminating, they could not be used as evidence under the Fifth Amendment to the United States Constitution.[77] "Prosecutors should therefore have built their case against the men without them", a BBC report explained.[78] The opinion elaborated "the government failed to establish that the Iraqi witnesses it presented to the second grand jury were not in any way influenced by their previous exposure to the defendants' compelled statements. This evidentiary use of tainted information constitutes yet another Kastigar violation."[21] Iraqi Prime Minister Nouri al-Maliki harshly criticized the dismissal.[79] Three weeks later, Vice President Joe Biden, who was overseeing U.S. policy in Iraq, promised Iraqi leaders the U.S. would appeal the dismissal of these charges.[80]

On April 22, 2011, after closed-door testimony, a federal appeals-court panel revived the Justice Department's prosecution of the former Blackwater Worldwide guards by reinstating the manslaughter charges against the five men.[81] A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit found "systemic" errors in the district court's 2009 decision to dismiss charges against the five former Blackwater guards and added "We find that the district court's findings depend on an erroneous view of the law".[82][20] On June 5, 2012, the US Supreme Court declined to review the Appeal Court ruling, allowing the trial to proceed.[83]

In September 2013, the charges against Ball were dropped.[3][84] Prosecutors stated they reached their decision after an "assessment of the admissible evidence against him".[84]

Trials and convictions edit

The other four went on trial starting on June 17, 2014;[5] ten weeks of testimony and 28 days of jury deliberations resulted in convictions for all four men on October 22, 2014.[28] Nicholas Slatten was found guilty of first-degree murder, and Slough, Liberty and Heard were found guilty of voluntary and attempted manslaughter charges, and of using a machine gun to commit a violent crime.[6][85][86] Jurors sided with prosecutors' contention that the shooting was a criminal act, not a battlefield encounter gone wrong. Slatten faced a potential sentence of life in prison. The other three guards faced decades in prison; the weapons charges carried a minimum 30-year sentence under a law enacted during the 1990s cocaine epidemic.[6][86] Bringing the weapons charges was disputed within the Justice Department, which initially opposed including them in the indictment. After it was added, defense attorneys contended a 30-year sentence would be too severe, since the law was intended to deter gang members from carrying automatic weapons.[87]

On April 13, 2015, federal district judge Royce C. Lamberth sentenced Slatten to life in prison, while the other three guards were sentenced to 30 years in prison each.[88]

On August 4, 2017, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit overturned Slatten's murder conviction and ordered the other defendants to be re-sentenced to time already served.[89][90][91] The panel also recommended that Slatten undergo a re-trial on the grounds that it was unjustifiable to try him with his co-defendants, and that he should have been tried separately.[89][90][91] The United States Court of Appeals for the District of Columbia Circuit's fractured per curiam decision first found that Military Extraterritorial Jurisdiction Act authorized the prosecutions, over the partial dissent of Judge Janice Rogers Brown.[92] However, the court then found that the mandatory minimum sentences as applied to the defendants were unconstitutional cruel and unusual punishments, over the partial dissent of Judge Judith W. Rogers.[93]

On December 19, 2018, Slatten was found guilty of murder[94] and again was sentenced to life in prison on August 14, 2019.[95][96] Heard, Liberty, and Slough were resentenced on September 5, 2019 to terms approximately half the original 30-year periods.[97]

Pardons edit

On December 22, 2020, U.S. President Donald Trump granted full presidential pardons to Slatten, Slough, Liberty, and Heard.[8][98] A White House statement said the men had a "long history of service to the nation" as veterans of the US Armed Forces, and that there was strong support for the pardons from the public and elected officials. The White House further stated that the Court of Appeals "ruled that additional evidence should have been presented at Mr Slatten's trial", and recently that prosecutors said "that the lead Iraqi investigator, who prosecutors relied heavily on to verify that there were no insurgent victims and to collect evidence, may have had ties to insurgent groups himself".[99]

Clemency caused outrage among Iraqi citizens and family members of the victims.[100] UN Human Rights Office spokeswoman Marta Hurtado said that forgiveness "contributes to impunity and has the effect of encouraging others to commit such crimes in the future".[101][102] The Iraqi Foreign Ministry urged the United States to reconsider, declaring the pardons "did not take into account the seriousness of the crime committed".[103]

See also edit

References edit

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  2. ^ Johnston, David; John M. Broder (November 14, 2007). "F.B.I. Says Guards Killed 14 Iraqis Without Cause". The New York Times. from the original on December 11, 2008. Retrieved November 30, 2007.
  3. ^ a b c Devereaux, Ryan (June 5, 2012). "Blackwater guards lose bid to appeal charges in Iraqi civilian shooting case". The Guardian. London. from the original on December 4, 2013. Retrieved July 3, 2012.
  4. ^ "U.S. troops in Iraq will need immunity: U.S. chief". Reuters. August 2, 2011. from the original on October 23, 2012. Retrieved July 3, 2012.
  5. ^ a b Apuzzo, Matt (October 1, 2014). "Jurors' Note Hints at Conviction in Blackwater Case". The New York Times. from the original on October 27, 2014. Retrieved October 18, 2014.
  6. ^ a b c Apuzzo, Matt (October 22, 2014). "Former Blackwater Guards Convicted in Iraq Shooting". The New York Times. from the original on January 1, 2017. Retrieved February 22, 2017.
  7. ^ Wamsley, Laurel (December 23, 2020). "Shock And Dismay After Trump Pardons Blackwater Guards Who Killed 14 Iraqi Civilians". NPR. Retrieved January 11, 2023.
  8. ^ a b Haberman, Maggie; Schmidt, Michael S. (December 23, 2020). "Trump Pardons Two Russia Inquiry Figures and Blackwater Guards". The New York Times. ISSN 0362-4331. Retrieved December 23, 2020.
  9. ^ "Trump pardon of Blackwater Iraq contractors violates international law - UN". Reuters. December 30, 2020. Retrieved January 11, 2023.
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  11. ^ . Agence France-Presse. Archived from the original on March 25, 2012. Retrieved July 3, 2012.
  12. ^ a b . Fox News. September 26, 2007. Archived from the original on November 2, 2007. Retrieved September 29, 2007.
  13. ^ "Joint Iraqi-U.S. review begins in wake of Blackwater firefight". CNN. October 8, 2007. from the original on October 12, 2007. Retrieved October 8, 2007.
  14. ^ a b c "Blackwater faulted by U.S. military: report". Reuters. October 5, 2007. from the original on December 22, 2008. Retrieved July 1, 2017.
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  18. ^ a b . The New York Times. Archived from the original on September 26, 2007.
  19. ^ a b c d Johnston, David; Broder, John M. (November 14, 2007). "F.B.I. Says Guards Killed 14 Iraqis Without Cause". The New York Times. from the original on December 20, 2013. Retrieved April 26, 2010.
  20. ^ a b United States of America v. Paul Alvin Slough, et al., 641 F.3d 544 (D.C. Cir. 2011).
  21. ^ a b c d United States of America v. Paul A. Slough et al., 677 F.Supp.2d 112 (D.D.C. 2009). alternate PDF link
  22. ^ "Former Blackwater Employee Sentenced to Life Imprisonment for Murder in 2007 Shooting at Nisur Square in Iraq" (Press release). The United States Attorney's Office for the District of Columbia, United States Department of Justice. August 14, 2019. Retrieved December 28, 2020.
  23. ^ United States v. Slough, 22 F.Supp.3d 29 (D.C. Cir. 2014).
  24. ^ "US Lawyers for Blackwater Guards: 2007 Baghdad Shooting was Self-Defense". Voice of America News. June 18, 2014. Retrieved December 24, 2020.[dead link]
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  27. ^ a b c Zagorin, Adam; Brian Bennett (September 3, 2007). . TIME. Archived from the original on October 18, 2007. Retrieved October 3, 2007.
  28. ^ a b c "Four Former Blackwater Employees Found Guilty of Charges in Fatal Nisur Square Shooting in Iraq" (Press release). United States Department of Justice. October 22, 2014. Retrieved December 28, 2020.
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External links edit

  • Broder, John M. (October 3, 2007). "Chief of Blackwater Defends His Employees". The New York Times. Retrieved October 4, 2007.
  • Raghavan, Sudarsan (October 4, 2007). "Tracing the Paths of 5 Who Died in a Storm of Gunfire". The Washington Post. Retrieved October 5, 2007.
  • Scahill, Jeremy (January 28, 2010). "Blackwater's Youngest Victim". The Nation. Retrieved February 8, 2010.
  • Jeremy Scahill on Democracy Now! October 23, 2014, "Blackwater Execs Remain Free as Guards Convicted for Killing 14 Iraqis in Massacre" (interview starting ~45 min into this audio)

nisour, square, massacre, occurred, september, 2007, when, employees, blackwater, security, consulting, constellis, private, military, company, contracted, government, provide, security, services, iraq, shot, iraqi, civilians, killing, injuring, nisour, square. The Nisour Square massacre occurred on September 16 2007 when employees of Blackwater Security Consulting now Constellis a private military company contracted by the US government to provide security services in Iraq shot at Iraqi civilians killing 17 and injuring 20 in Nisour Square Baghdad while escorting a U S embassy convoy 1 2 3 The killings outraged Iraqis and strained relations between Iraq and the United States 4 In 2014 four Blackwater employees were tried 5 and convicted in U S federal court one of murder and the other three of manslaughter and firearms charges 6 all four convicted were controversially pardoned by President Donald Trump in December 2020 7 8 U N experts said the pardons violate U S obligations under international law and more broadly undermine humanitarian law and human rights at a global level 9 Nisour Square massacrePart of the Iraq WarLocationNisour Square Baghdad IraqCoordinates33 18 08 N 44 21 23 E 33 30222 N 44 35639 E 33 30222 44 35639DateSeptember 16 2007 2007 09 16 12 00 pm UTC 03 00 Attack typeMassacreWar crimeDeaths17Injured20PerpetratorsBlackwater contractorsConvictedDustin Heard pardoned Evan Liberty pardoned Nicholas Slatten pardoned Paul Slough pardoned Jeremy RidgewayVerdictGuiltyConvictionsSlatten First degree murder Heard Liberty Slough Voluntary manslaughter 14 counts Attempted manslaughter 20 counts Weapons violationRidgeway 1 count each Voluntary manslaughter Attempted manslaughter Aiding and abettingSentenceSlatten Life imprisonment without the possibility of paroleSlough 15 years in prisonLiberty 14 years in prisonHeard 12 1 2 years in prisonRidgeway 1 year and 1 day in prisonBlackwater guards claimed that the convoy was ambushed and that they fired at the attackers in defense of the convoy The Iraqi government and Iraqi police investigator Faris Saadi Abdul stated that the killings were unprovoked 10 11 The next day Blackwater Worldwide s license to operate in Iraq was temporarily revoked 12 The U S State Department has said that innocent life was lost 13 and according to The Washington Post a military report appeared to corroborate the Iraqi government s contention that Blackwater was at fault 14 The Iraqi government vowed to punish Blackwater 15 The incident sparked at least five investigations including one from the Federal Bureau of Investigation 16 The FBI investigation found that of the 17 Iraqis killed by the guards at least 14 were shot without cause 17 Contents 1 Incident 2 Immediate aftermath 2 1 License to operate in Iraq 2 2 Investigations 2 2 1 Findings 2 3 October 2007 United Nations report 3 Reactions from Iraqis 4 Actions against Blackwater 5 Court actions 5 1 Criminal charges 5 2 Trials and convictions 5 3 Pardons 6 See also 7 References 8 External linksIncident edit nbsp nbsp 75m80yds nbsp 3 2 1 nbsp Sequence of events triggering the Nisour Square massacre 18 19 1 Blackwater Raven 23 convoy enters Nisour Square from the south via access road from Iraqi army base individual vehicles take positions along the southern edge of the traffic circle to control entry 2 Iraqi traffic officer halts northbound traffic into Nisour Square3 Northbound Kia near the head of the line fails to stop driver is shot and killed by Raven 23 The Kia s passenger Iraqi traffic officer and fourteen more civilians in the column of northbound traffic subsequently are shot and killed Just before noon on September 16 2007 a car bomb exploded near the Izdihar Compound where US and Iraqi officials were meeting 20 547 and a 19 man Blackwater Tactical Support Team TST consisting of a convoy of four trucks answering to the call sign Raven 23 took up positions on the south side of Nisour Square to secure an evacuation route for the US officials and another Blackwater team providing security for them 21 116 22 The Blackwater commander Jimmy Watson had received an order to stand by and not leave the Green Zone upon reaching a checkpoint but he made a tactical decision to advance to Nisour Square after waiting for a few minutes upon informing the Blackwater Tactical Operations Center of this he was ordered to return to the Green Zone However after Raven 23 entered Nisour Square Watson was ordered to lock down the traffic circle to expedite the travel of the other Blackwater team 23 32 Shortly after assuming their positions Raven 23 began firing on civilians in response to an approaching car killing fourteen and wounding twenty more 21 116 During opening arguments for a criminal trial held in 2014 defense lawyers representing former Blackwater members of Raven 23 argued the men felt the approaching Kia was a credible threat as a possible car bomb and opened fire in self defense Prosecutors argued the men did not face hostile gunfire when they began shooting and continued to shoot despite the lack of threats 24 The driver of the Kia was shot once in the head by a Blackwater contractor and was killed The Kia continued to roll forward after the driver was killed according to an eyewitness and Raven 23 continued to fire on it killing the passenger the driver s mother eventually the Kia was struck by a grenade and was incinerated 25 A State Department spot report published the same day as the incident stated that eight to ten attackers opened fire on Raven 23 from multiple nearby locations with some aggressors dressed in civilian apparel and others in Iraqi police uniforms after the convoy had entered Nisour Square 26 starting at 12 08 p m 27 The report added that another Blackwater Tactical Support Team TST 22 who had escorted the officials and TST 4 back to the Green Zone was redirected to support Raven 23 Raven 23 returned defensive fire and withdrew from Nisour Square with one of its BearCat vehicles in tow As Raven 23 was departing Nisour Square several members continued to discharge their weapons causing additional civilian deaths and injuries 28 TST 22 arrived at Nisour Square after Raven 23 had left when TST 22 tried to withdraw its route was blocked by Iraqi Army and Police vehicles 26 27 A U S Army convoy arrived at 12 39 p m backed by air cover to escort TST 22 back to the Green Zone 26 29 An Iraqi government account of the incident stated that as the convoy drew close to Nisour Square a Kia sedan with a woman and her adult son in it was approaching the square from a distance driving slowly on the wrong side of the road and that the driver ignored a police officer s whistle to clear a path for the convoy 19 According to this account the security team fired warning shots and then lethal fire at the Kia They then set off stun grenades to clear the scene Iraqi police and Iraqi Army soldiers mistaking the stun grenades for fragmentation grenades opened fire at the Blackwater men to which they responded 18 30 Iraqi investigators also alleged that Blackwater helicopters fired into the cars from the air as at least one car had bullet holes in its roof Blackwater has denied any of its aerial units discharged weapons 25 31 The account by the Blackwater firm differed from the Iraqi government s account Blackwater s account stated the driver of the Kia sedan had kept driving toward the convoy ignoring verbal orders hand signals and water bottles thrown at the car and continued to approach even when fired upon An Iraqi policeman went over to the car possibly to help the passenger but the vehicle kept moving and it looked to the guards as if the policeman was pushing the car towards the Blackwater TST In their view this confirmed that they were under attack by a vehicle bomb whereupon they fired at the car killing both people in it as well as the Iraqi policeman 32 In response to the guards killing of the Iraqi policeman other Iraqi police officers began to fire at the Blackwater men who communicated to the State Department operations center that they were under attack A State Department employee who was walking into the department s Baghdad operations center on the day of the incident heard a radio call from the convoy Contact contact contact We are taking fire from insurgents and Iraqi police 32 According to Blackwater vice president Marty Strong the convoy was hit with a large explosive device and repeated small arms fire which disabled a vehicle 29 Several sources have stated that the explosion was caused by a mortar round though this is not reflected in the State Department s incident report 26 27 On September 27 2007 The New York Times reported that during the chaotic incident at Nisour Square one member of the Blackwater security team continued to fire on civilians despite urgent cease fire calls from colleagues It remains unclear whether the team member mistook the civilians for insurgents The incident was allegedly resolved only after another Blackwater contractor pointed his weapon at the man still firing and ordered him to stop 33 Three Blackwater guards who witnessed the incident later said that they believed the shootings were unjustified 34 Immediate aftermath editCasualties 35 28 Killed Ahmed Haithem Ahmed Al Rubia y 21 Mahassin Mohssen Kadhum Al Khazali 44 Osama Fadhil Abbas 52 Ali Mohammed Hafedh Abdul Razzaq 9 Mohamed Abbas Mahmoud 47 Qasim Mohamed Abbas Mahmoud 11 Sa adi Ali Abbas Alkarkh 52 Mushtaq Karim Abd Al Razzaq 18 Ghaniyah Hassan Ali 55 Ibrahim Abid Ayash 77 Hamoud Sa eed Abttan 33 Uday Ismail Ibrahiem 27 Mahdi Sahib Nasir 26 Ali Khalil Abdul Hussein 54Wounded Majed Salman Abdel Kareem Al Gharbawi Jennan Hafidh Abid al Razzaq Yasmin Abdul Kidr Salhe Mohanad Wadhnah Haydar Ahmad Rabie Hussain Al Khafaji Hassan Jaber Salman Farid Walid Hasoun Al Kasab Abdul Amir Raheem Jihan Yasser Wisam Raheem Fliah Hasan Al Miri Talib Mutluk Diwan Adel Jaber Sham ma Al Jadiri Nasir Hamzah Latif Al Rikabi Mahdi Abid Khider Abbas Al Faraji Abdul Wahab Abdul Qadar Al Qalamchi Bara Sadoon Ismail Al Ani Sami Hawa Hamud Al Sabahin Fawziyyah Aliwi Hassoon Ali Hadi Naji Al Rubaie Alah Majeed Sghair Zaidi Jassim Mohammad Hashim In the immediate aftermath of the attacks Blackwater s rights to conduct work in Iraq were temporarily suspended 36 Several Iraqi and American investigations have been conducted into the incident 37 38 The incident caused Iraqi Prime Minister Nuri al Maliki to call on the U S government to end its contract with Blackwater USA 39 and for the Iraqi government to push for an apology compensation for victims or their families and for the guards involved in the shooting to be held accountable 40 The US House passed a bill titled the Military Extraterritorial Jurisdiction Act that would make all private contractors working in Iraq and other combat zones subject to prosecution by U S courts 41 License to operate in Iraq edit On September 18 2007 an Iraqi Interior Ministry spokesman said Blackwater is not allowed to operate anywhere in the Republic of Iraq However the company was allowed to continue to operate in Iraq until January 2009 when the U S Iraq Status of Forces Agreement took effect 42 A spokesman stated that the ban would last for the duration of the investigation and that it would not be permanent 29 The banning was described by P W Singer an expert on the private military industry as inevitable given the US government s reliance on and lack of oversight of the private military industry in Iraq 43 The Private Security Company Association of Iraq in a document last updated on July 3 2007 listed Blackwater as not having a license to operate in Iraq despite their attempts to apply for one 44 Blackwater s operations on behalf of the U S Department of State and the CIA may be unaffected by license revocation 45 Also it is not clear whether the license revocation is permanent 36 On September 19 as a result of the incident the United States temporarily suspended all land travel by U S diplomats and other civilian officials in Iraq outside Baghdad s heavily fortified Green Zone The order confines most Americans to a 3 5 square miles 9 1 km2 area in the center of the city so that they are unable to visit other areas without traveling in a helicopter The order did not say when the suspension would expire 46 On September 21 CNN reported that Blackwater would resume normal operations the following day 37 Blackwater which had been operating in Iraq without an Iraqi government license applied for one after the incident but the application was rejected by Iraqi officials in January 2009 The Iraqi government ordered Blackwater to leave Iraq as soon as a joint Iraqi U S committee finished drafting new guidelines on private contractors under the Iraqi U S security agreement On January 31 2009 the U S State Department notified Blackwater that it would not be renewing its security contract with the company 47 Investigations edit The U S State Department said it planned to investigate what it called a terrible incident 48 According to Iraqi Prime Minister Nuri al Maliki Secretary of State Condoleezza Rice promised a fair and transparent investigation into the incident The State Department announced an American Iraqi joint commission to investigate both the shooting and the broader issue of employing private security contractors The committee was co chaired by Abd al Qadir the Iraqi Minister of Defense and Patricia A Butenis the Charge d affaires of the U S Embassy in Iraq 37 Henry Waxman the chair of the House Committee on Oversight and Government Reform which held hearings on the use of Private Security Contractors in February 2007 said his committee would hold hearings to understand what has happened and the extent of the damage to U S security interests 38 Waxman stated that the controversy over Blackwater is an unfortunate demonstration of the perils of excessive reliance on private security contractors 29 On October 4 2007 the Federal Bureau of Investigation announced that it would be taking the lead in the investigation of the shooting incident 49 Findings edit An Interior Ministry spokesman said Iraqi authorities had completed their investigation into the shooting and concluded that Blackwater guards were responsible for the deaths U S military reports appear to corroborate the Iraqi government s contention that Blackwater was at fault in the incident 14 On October 2 2007 the Democratic staff of the House Oversight and Government Reform Committee released a report stating that Blackwater USA guards had used deadly force weekly in Iraq and had inflicted significant casualties and property damage The report found that the guards fired their weapons 195 times from the beginning of 2005 through the second week of September 2005 The report further said that Blackwater had reported that its forces fired first in over 80 percent of the cases 50 On October 4 2007 U S military reports indicated Blackwater s guards had opened fire without provocation and used excessive force It was obviously excessive a U S military official speaking on condition of anonymity told the Washington Post The civilians that were fired upon they didn t have any weapons to fire back at them And none of the I P Iraqi police or any of the local security forces fired back at them the official continued The Blackwater guards appeared to have fired grenade launchers in addition to machine guns according to the report 14 On October 13 2007 the FBI reported that it had concluded that at least 14 of the 17 Iraqis who died in the square had been killed without cause 19 The three justifiable killings were those of the two passengers in the white Kia sedan and an unidentified Iraqi nearby 19 A Blackwater spokeswoman responded to the findings by saying Blackwater supports the stringent accountability of the industry If it is determined that one person was complicit in the wrongdoing we would support accountability in that The key people in this have not spoken with investigators 51 52 53 On January 19 2008 The New York Times reported that the contractor responsible for many of the deaths in the engagement previously known only as turret gunner no 3 is named Paul Slough 54 He enlisted in 1999 and served in Bosnia with the 3rd Infantry Division 54 He received an honorable discharge in 2002 and then enlisted in the Texas National Guard 54 He served one tour in Iraq before being hired as a Personal Security Specialist in Iraq 54 Radio logs released in December 2008 seemed to affirm that the guards had been responding to an attack on September 16 The logs depicted a hectic eight minutes in which the guards repeatedly reported incoming gunfire from insurgents and Iraqi police 55 On April 1 2009 the Associated Press reported that forensic tests on bullets were inconclusive None of the bullets the lab had available could be matched to the rifles used by the guards 56 On April 1 2011 the Associated Press reported on Erik Prince s seven hour testimony about what allegedly transpired Prince strongly criticized the way in which federal authorities had handled the investigation and disputed the claims that U S or Blackwater personnel were to blame for the shootings In his testimony Prince noted that It seems the ballistics analysis was done to prove the guilt of the Americans not to just try to identify what happened there Erik Prince said that he didn t believe the FBI had fully investigated the sources of all the used bullets in Nisour Square arguing that it would have been helpful if the defense had been in possession of a complete ballistics report FBI scientists couldn t match bullets from the square to guns carried by the Blackwater guards and FBI investigators found foreign cartridge cases of a kind not used by U S or Blackwater personnel As shootings in the square were not uncommon it is unclear whether the shells were from the shooting in question or from other incidents 57 October 2007 United Nations report edit In October 2007 the United Nations released a two year study that stated that private contractors although hired as security guards were performing military duties The report found that the use of contractors such as Blackwater was a new form of mercenary activity and illegal under international law however the United States is not a signatory of the 1989 UN Mercenary Convention banning the use of mercenaries 58 Nor is the US a signatory of the 1977 additional protocol to the 1949 Geneva Conventions in which Article 47 specifies that mercenaries are civilians who take a direct part in the hostilities and are motivated to take part in the hostilities essentially by the desire for private gain 59 The Protocol makes no distinction between defensive and offensive actions but the U S does make such a distinction in that it does not regard defensive actions by security guards to be combat 60 Reactions from Iraqis editBaghdad resident Halim Mashkoor told AP Television News We see the security firms doing whatever they want in the streets They beat citizens and scorn them I f such a thing happened in America or Britain would the American president or American citizens accept it 46 Hasan Jaber Salman a lawyer who was one of the wounded said that no one did anything to provoke Blackwater and that as we turned back they opened fire at all cars from behind 61 An Iraqi police officer who was directing traffic at the scene said Blackwater guards became the terrorists when they opened fire on civilians unprovoked while a businessman said he wasn t seeking compensation but only the truth from the guards 62 After a group of Iraqi ministers backed the Iraqi Interior Ministry s decision to shut down Blackwater USA s operations in Iraq 29 Iraqi Prime Minister Nuri al Maliki called on the U S government to end its contract with Blackwater 39 and called on Blackwater to pay the families 8 million in compensation 63 A U S judge s decision to dismiss all charges against Blackwater on January 1 2010 sparked outrage in the Arab world 64 Actions against Blackwater editUS Secretary of Defense Robert Gates testified before Congress that the Pentagon has sufficient legal authority to control its contractors but that commanders lack sufficient means and resources to exercise adequate oversight 12 On October 4 2007 the U S House passed a bill that would make all private contractors working in Iraq and other combat zones subject to the Military Extraterritorial Jurisdiction Act 65 and thus prosecution by U S courts 41 Senate Democratic leaders said they planned to pass similar legislation as soon as possible 41 Richard J Griffin the Assistant Secretary of State for Diplomatic Security who made key decisions regarding the department s oversight of private security contractor Blackwater USA resigned in November 2007 after a critical review by the House Oversight Committee found that his office had failed to adequately supervise private contractors during the Blackwater Baghdad shootings 66 Howard Krongard who was appointed Inspector General of the U S State Department in 2005 67 resigned in December 2007 after he was accused by the House Oversight Committee of improperly interfering with investigations into the Blackwater Baghdad shootings 68 69 Court actions editOn September 24 2007 the Iraqi Ministry of the Interior announced it would file criminal charges against the Blackwater staff involved in the shooting although it is unclear how some of them will be brought to trial 37 A senior aide to al Maliki said that three of the Blackwater guards were Iraqis and could be subject to prosecution The aide also said that the Iraqi government was pushing for an apology compensation for victims or their families and for the guards involved in the shooting to be held accountable 40 On October 11 2007 the Center for Constitutional Rights filed suit against Blackwater USA under the Alien Tort Claims Act on behalf of an injured Iraqi and the families of three of the seventeen Iraqis who were killed by Blackwater employees during the September 16 2007 shooting incident 63 The suit was settled for an undisclosed sum in January 2010 70 A second civil lawsuit filed jointly by the families of six victims against Blackwater was settled on January 6 2012 for an undisclosed sum 71 Criminal charges edit In December 2008 the United States Department of Justice announced it was filing criminal charges against five of the Blackwater employees and ordered them to surrender to the FBI Five were charged with 14 counts of manslaughter 20 counts of attempted manslaughter and a weapons violation Donald Ball a former Marine from West Valley City Utah Dustin Heard a former Marine from Knoxville Tennessee Evan Liberty a former Marine from Rochester New Hampshire Nicholas Slatten a former army sergeant from Sparta Tennessee and Paul Slough an army veteran from Keller Texas 72 A sixth Blackwater guard Jeremy Ridgeway of California struck a deal with prosecutors on December 4 2008 and pleaded guilty to one count each of voluntary manslaughter attempted manslaughter and aiding and abetting 72 3 and agreed to testify against the other five men 73 The trial was set for early 2010 74 but the charges were dismissed by United States District Court for the District of Columbia Judge Ricardo Urbina on December 31 2009 who ruled that the Justice Department had mishandled evidence and violated the guards constitutional rights 21 75 In the memorandum opinion Judge Urbina ruled the cases against Slough Liberty Heard Ball and Slatten had been improperly built on testimony given in exchange for immunity 76 that evidence included statements the guards had been compelled to give to State Department investigators and as these statements would have been self incriminating they could not be used as evidence under the Fifth Amendment to the United States Constitution 77 Prosecutors should therefore have built their case against the men without them a BBC report explained 78 The opinion elaborated the government failed to establish that the Iraqi witnesses it presented to the second grand jury were not in any way influenced by their previous exposure to the defendants compelled statements This evidentiary use of tainted information constitutes yet another Kastigar violation 21 Iraqi Prime Minister Nouri al Maliki harshly criticized the dismissal 79 Three weeks later Vice President Joe Biden who was overseeing U S policy in Iraq promised Iraqi leaders the U S would appeal the dismissal of these charges 80 On April 22 2011 after closed door testimony a federal appeals court panel revived the Justice Department s prosecution of the former Blackwater Worldwide guards by reinstating the manslaughter charges against the five men 81 A three judge panel of the United States Court of Appeals for the District of Columbia Circuit found systemic errors in the district court s 2009 decision to dismiss charges against the five former Blackwater guards and added We find that the district court s findings depend on an erroneous view of the law 82 20 On June 5 2012 the US Supreme Court declined to review the Appeal Court ruling allowing the trial to proceed 83 In September 2013 the charges against Ball were dropped 3 84 Prosecutors stated they reached their decision after an assessment of the admissible evidence against him 84 Trials and convictions edit The other four went on trial starting on June 17 2014 5 ten weeks of testimony and 28 days of jury deliberations resulted in convictions for all four men on October 22 2014 28 Nicholas Slatten was found guilty of first degree murder and Slough Liberty and Heard were found guilty of voluntary and attempted manslaughter charges and of using a machine gun to commit a violent crime 6 85 86 Jurors sided with prosecutors contention that the shooting was a criminal act not a battlefield encounter gone wrong Slatten faced a potential sentence of life in prison The other three guards faced decades in prison the weapons charges carried a minimum 30 year sentence under a law enacted during the 1990s cocaine epidemic 6 86 Bringing the weapons charges was disputed within the Justice Department which initially opposed including them in the indictment After it was added defense attorneys contended a 30 year sentence would be too severe since the law was intended to deter gang members from carrying automatic weapons 87 On April 13 2015 federal district judge Royce C Lamberth sentenced Slatten to life in prison while the other three guards were sentenced to 30 years in prison each 88 On August 4 2017 a three judge panel of the U S Court of Appeals for the District of Columbia Circuit overturned Slatten s murder conviction and ordered the other defendants to be re sentenced to time already served 89 90 91 The panel also recommended that Slatten undergo a re trial on the grounds that it was unjustifiable to try him with his co defendants and that he should have been tried separately 89 90 91 The United States Court of Appeals for the District of Columbia Circuit s fractured per curiam decision first found that Military Extraterritorial Jurisdiction Act authorized the prosecutions over the partial dissent of Judge Janice Rogers Brown 92 However the court then found that the mandatory minimum sentences as applied to the defendants were unconstitutional cruel and unusual punishments over the partial dissent of Judge Judith W Rogers 93 On December 19 2018 Slatten was found guilty of murder 94 and again was sentenced to life in prison on August 14 2019 95 96 Heard Liberty and Slough were resentenced on September 5 2019 to terms approximately half the original 30 year periods 97 Pardons edit On December 22 2020 U S President Donald Trump granted full presidential pardons to Slatten Slough Liberty and Heard 8 98 A White House statement said the men had a long history of service to the nation as veterans of the US Armed Forces and that there was strong support for the pardons from the public and elected officials The White House further stated that the Court of Appeals ruled that additional evidence should have been presented at Mr Slatten s trial and recently that prosecutors said that the lead Iraqi investigator who prosecutors relied heavily on to verify that there were no insurgent victims and to collect evidence may have had ties to insurgent groups himself 99 Clemency caused outrage among Iraqi citizens and family members of the victims 100 UN Human Rights Office spokeswoman Marta Hurtado said that forgiveness contributes to impunity and has the effect of encouraging others to commit such crimes in the future 101 102 The Iraqi Foreign Ministry urged the United States to reconsider declaring the pardons did not take into account the seriousness of the crime committed 103 See also edit2004 Fallujah ambush Al Hawasha massacre Battle of Haditha Haditha massacre Human rights in post invasion Iraq Ilario Pantano Shadow CompanyReferences edit Tavernise Sabrina September 18 2007 U S Contractor Banned by Iraq Over Shootings The New York Times Archived from the original on June 27 2018 Retrieved September 7 2018 Johnston David John M Broder November 14 2007 F B I Says Guards Killed 14 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Blackwater convictions Seattle Times Retrieved December 23 2020 a b Blackwater guards found guilty in Iraq shootings U S News amp World Report Archived from the original on June 27 2018 Retrieved September 6 2017 Apuzzo Matt April 11 2015 Emails Reveal Discord Over Blackwater Charges The New York Times Archived from the original on February 24 2017 Retrieved February 22 2017 Apuzzo Matt April 13 2015 Ex Blackwater Guards Sentenced to Long Prison Terms in 2007 Killings of Iraqi Civilians The New York Times Archived from the original on December 5 2016 Retrieved February 22 2017 a b Neuman Scott August 4 2017 U S Appeals Court Tosses Ex Blackwater Guard s Conviction in 2007 Baghdad Massacre NPR Archived from the original on September 7 2018 Retrieved September 7 2018 a b Hsu Spencer S August 4 2017 Murder conviction in Blackwater case thrown out other sentences overturned The Washington Post a b Apuzzo Matt August 4 2017 In Blackwater Case Court Rejects a Murder Conviction and Voids 3 Sentences The New York Times Archived from the original on September 3 2017 Retrieved September 14 2017 Note Recent Case D C Circuit Holds It Cruel and Unusual to Impose Mandatory Thirty Year Sentence on Military Contractors for Gun Charge 131 Harv L Rev 1465 2018 United States v Slatten 865 F 3d 767 D C Cir 2017 Former Blackwater contractor found guilty of murder in Iraq massacre NBC News Archived from the original on December 19 2018 Retrieved December 20 2018 Viswanatha Aruna August 14 2019 Former Blackwater Guard Sentenced to Life for 2007 Baghdad Traffic Circle Shooting The Wall Street Journal Retrieved December 24 2020 Former Blackwater security contractor sentenced to life in Iraq shootings In all 10 men two women and two boys ages 9 and 11 were killed nbcnews com Associated Press August 14 2019 Mineiro Megan September 5 2019 Blackwater Contractors Resentenced in 2007 Attack on Baghdad Civilians Courthouse News Service Retrieved December 24 2020 Najim Aqeel Khadder Kareem Fox Kara November 23 2020 Survivors of Blackwater massacre in Iraq slam Trump s pardons for US guards behind killing CNN Retrieved December 23 2020 Statement from the Press Secretary Regarding Executive Grants of Clemency whitehouse gov Press release December 22 2020 Retrieved December 28 2020 via National Archives Kullab Samya December 24 2020 Relative of Blackwater victim in Iraq says pardons unfair AP News Retrieved December 28 2020 UN criticises Trump s pardons for Blackwater guards jailed over Iraq killings BBC News December 23 2020 Retrieved December 26 2020 Dickinson Paul December 23 2020 I Sued Blackwater for the Massacre of Iraqi Civilians Trump Just Pardoned Those Convicted Killers The Intercept Retrieved December 26 2020 Tucker Eric Knickmeyer Ellen December 23 2020 Pardons in killings of Iraqi civilians stir angry response AP News Retrieved December 28 2020 External links editBroder John M October 3 2007 Chief of Blackwater Defends His Employees The New York Times Retrieved October 4 2007 Raghavan Sudarsan October 4 2007 Tracing the Paths of 5 Who Died in a Storm of Gunfire The Washington Post Retrieved October 5 2007 Scahill Jeremy January 28 2010 Blackwater s Youngest Victim The Nation Retrieved February 8 2010 Jeremy Scahill on Democracy Now October 23 2014 Blackwater Execs Remain Free as Guards Convicted for Killing 14 Iraqis in Massacre interview starting 45 min into this audio Retrieved from https en wikipedia org w index php title Nisour Square massacre amp oldid 1215872776, wikipedia, wiki, book, books, library,

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