Order 17: A Free Pass In Iraq

The Nation: Obscure Document Gives Private Firms License To Act Without Consequence

(The Nation)  This column was written by Tom Engelhardt.

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On Dec. 14, 2004, President Bush bestowed the highest civilian honor the nation can offer, a Presidential Medal of Freedom, upon L. Paul Bremer III, his former proconsul in Baghdad.

He offered this encomium: "For 14 months Jerry Bremer worked day and night in difficult and dangerous conditions to stabilize the country, to help its people rebuild and to establish a political process that would lead to justice and liberty." And the president added, "Every benchmark ... was achieved on time or ahead of schedule, including the transfer of sovereignty that ended his tenure." ("He did not add," the Washington Post pointed out at the time, "that the transfer was hurriedly arranged two days early because of fears insurgents would attack the ceremonies.")

Bremer is an especially interesting version of a Bush-era freedom-spreader, in part because, thanks to Blackwater USA, the private security firm with whom the U.S. State Department has inked at least $678 million in contracts for protection in Iraq, and whose mercenaries continue to run wild in that country, his handiwork is back in the news right now.

In December 2004, less than six months had passed since Bremer, in his role as head of the Coalition Provisional Authority in occupied Baghdad, had turned over "sovereignty" to a designated group of Iraqis and, essentially, fled that already chaotic country. Just before he left, however, he established a unique kind of freedom in Iraq, not seen since the heyday of European and Japanese colonialism. By putting his signature on a single document, he managed to officially establish an "International Zone" that would be the fortified equivalent of the old European treaty ports on the China coast and, at the same time, essentially granted to all occupying forces and allied companies what, in those bad old colonial days, used to be called "extraterritoriality" -- the freedom not to be in any way under Iraqi law or jurisdiction, ever.

Gen. David Petraeus, the president's surge commander in Iraq, has often spoken about a "Washington clock" and a "Baghdad clock" being out of sync and of the need to reset the Washington one. Bremer, who arrived in Baghdad in May 2003, quickly went to work setting back that Baghdad clock. When it came to the freedoms of Western occupiers (or liberators, if you will), including armed mercenaries, what he achieved on this score was truly a medal-snatching feat. He essentially turned that Baghdad clock back to the 19th century and made that "time" stick to this very day. On the eve of his departure, he issued a remarkable document of freedom -- a declaration of foreign independence -- that went by the name of Order 17 and that, in the U.S. mainstream media, is still often referred to as "the law" in Iraq.

Order 17 is a document little-read today, yet it essentially granted to every foreigner in the country connected to the occupation enterprise the full freedom of the land, not to be interfered with in any way by Iraqis or any Iraqi political or legal institution. Foreigners -- unless, of course, they were jihadis or Iranians -- were to be "immune from any form of arrest or detention other than by persons acting on behalf of their Sending States," even though American and coalition forces were to be allowed the freedom to arrest and detain in prisons and detention camps of their own any Iraqis they designated worthy of that honor. (The present prison population of American Iraq is reputed to be at least 24,500 and rising.)

All foreigners involved in the occupation project were to be granted "freedom of movement without delay throughout Iraq," and neither their vessels, vehicles, nor aircraft were to be "subject to registration, licensing or inspection by the [Iraqi] Government." Nor in traveling would foreign diplomat, soldier, consultant or security guard, or any of their vehicles, vessels or planes be subject to "dues, tolls, or charges, including landing and parking fees," and so on.

And don't forget that on imports, including "controlled substances," there were to be no customs fees (or inspections), taxes or much of anything else; nor was there to be the slightest charge for the use of Iraqi "headquarters, camps, and other premises" occupied, nor for the use of electricity, water or other utilities.

And then, of course, there was that "International Zone," now better known as the Green Zone, whose control was carefully placed in the hands of the Multinational Force, or MNF (essentially, the Americans and their contractors), exactly as if it had been the international part of Shanghai, or Portuguese Macao, or British Hong Kong in the 19th century.

Promulgated on the eve of the "return of sovereignty," Order 17 gave new meaning to the term "Free World." It was, in essence, a get-out-of-jail-free card in perpetuity.

Above all else, Bremer freed an already powerful shadow army run out of private security outfits like Blackwater USA that, by now, has grown, according to recent reports, into a force of 20,000 to 50,000 or more hired guns. These private soldiers, largely in the employ of the Pentagon or the U.S. State Department -- and so operating on American taxpayer dollars -- were granted the right to act as they pleased with utter impunity anywhere in the country.

More than three years later, the language of Order 17, written in high legalese, remains striking when it comes to the contractors. The man who, according to the Washington Post, composed the initial draft of the document, Lawrence Peter, is, perhaps unsurprisingly, now director of the Private Security Company Association of Iraq, which "represents at least 50 security companies." The order itself begins on private security firms with a stated need "to clarify the status of ... certain International Consultants, and certain contractors in respect of the Government and the local courts." But the key passage is this:

"Contractors shall not be subject to Iraqi laws or regulations in matters relating to the terms and conditions of their contracts ... Contractors shall be immune from Iraqi legal processes with respect to acts performed by them pursuant to the terms and conditions of a Contract or any sub-contract thereto ... Certification by the Sending State that its Contractor acted pursuant to the terms and conditions of the Contract shall, in any Iraqi legal process, be conclusive evidence of the facts so certified ..."

In other words, when, in June 2004, Bremer handed over "sovereignty" to an Iraqi "government" lodged in the foreign-controlled Green Zone and left town as fast as he could, he essentially handed over next to nothing. He had already succeeded in making Iraq a "free" country, as only the Bush administration might have defined freedom: free of taxes, duties, tolls, accountability and responsibility of any kind, no matter what Americans or their allies and hirelings did or what they took. And it has remained that way ever since.

This is apparent even to the present, largely powerless Iraqi government, situated in Bremer's Green Zone, whose officials have complained angrily about the latest Blackwater shootout and whose prime minister termed that "incident" a "crime" by out-of-control private security contractors. "We will never," he said at a news conference, "allow Iraqi citizens to be killed in cold blood by this company that is playing with the lives of the people." As in Vietnam in the 1960s, even the officials of puppet governments often turn out to be nationalists; even they get fed up with their patrons' arrogance sooner or later; and, often, having spent so much time close up and personal with the occupiers, have nothing but contempt for them. They are the ones who truly know what "freedom" means in their country.

In Iraq, in a twist on the nightmare language of Orwell's dystopian novel "1984," freedom came to mean theft or the opportunity to be gunned down in the street by hired guns whose only job was to protect foreign lives.

[nosleepmoyoc]

I live in Moyock and have something to share. Blackwater is about 3 miles away from me and they make noise all through the night. It is the sound of a very large arc welder and I think they are welding steel plate together for their Grizzly MRAP vehicles. This noise runs all night long, off and on, and has been going on for about two years, with some months off. Lately, it has been every night. It wakes the whole family up in the middle of the night. It is not loud, just there. When all should be quiet and peaceful, there is this disturbance. Currituck sheriff''s department will tell you to take it up with Camden county. Camden will say they don''t know where the noise is coming from and then a Currituck deputy will call and say "It''s a neighborhood treatment plant". But the treatment plant doesn''t do welding, and they aren''t very busy at night anyway, since most people are sleeping, not doing laundry. Anyway, I needed to share, because, well, I''m up in the middle of the night and me and a few neighbors trying to sleep are apparently the only ones who hear it.

[lastdance2]

The - Real Reason the - US Military - is in Iraq :

Alan Greenspan : "Iraq War - was Oil"
Bush has always insisted the War had nothing to do with Oil.

The Initial Reports given by - Bush - The CIA and The FBI
Were Purposely and Intentionally - Fabricated and were Fraudulent ! !

Intentionally Delivered to the American people
In order to- Falsely and Fraudulently - Advocate a War ! !

There was a time - Treason - was a Criminal Act

Lastdance

[arealredneck]

Democracy is defined by Webster''s as:

1 a : government by the people; especially : rule of the majority b : a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections

The world (US citizens included) watch President Bush spread Democracy in Iraq while the majority of his own countrymen prefer we withdraw from Iraq, except for Blackwater, Inc. (we''ve got enough of those homocidal maniancs working as law enforcement officers in this country already)

[feelfree1]

Re: "More than three years later, the language of Order 17, written in high legalese, remains striking when it comes to the contractors.

They are not "contractors". They are "mercenaries", or "terrorists-for-rent". They are the bottom of the barrel of humanity.

CBS Newz is only a few years late on this story. What a pathetic excuse for a news source.

[dmgenet]

I love how Bush talks about Democracy but doesn''t know one thing about running run or creating one. Is it any wonder no one trusts the USA?

Blackwater is one more reason the Iraqis see us as occupiers. Blakwater has absolutely NO incentive to follow through with the US policy in Iraq. There allegience is to the Blackwater shareholders. The new army is Corporate Merceneries. It is a sickness that Bush and his neocon''s have brought to the White House and to politics in general.

People talk about Bush attempting to save his legacy as President. What legacy? Failed domestic programs due to underfunding...Above the law attitude by a citizen President (not a king)...failed foreign policy due to lack of critical reasoning skills and too much faith in the almighty above.

Bush and his neocons (really neo-morons is more like it) have shown the world that we are quickly becoming our enemy. We have met the enemy and it is us.

[boldwin223]

"Every benchmark ... was achieved on time or ahead of schedule, including the transfer of sovereignty that ended his tenure."

L. Paul Bremer III did all this out of the goodness of his heart for no pay!!!

Bush must think we (the American people) just fell of a hay wagon. Who writes this drivel. You can bet its not Bush.

[lookindeep-2009]

"Freedom".. "Democracy" these are Code Words for Opression, Occupation, Imperialism and Tyranny - our gift to the Iraqi people. These things used to happen in our murky past - but WHY NOW in this Information age, in front of our very noses - can they get away with it??? The Rrepublicans spew blatant lies and paint the most rosiest picture abt what is happening in Iraq and get away with it! And Iraqis - they get invaded, their country is literally sundered apart with violence and hatred, physically destroyed (no water, infrastructure, food, jobs), the occupiers get to write their laws, and there is not a single person who can call Bush''s bluff... WHY??? Wake up America. Ask why we are there - ASK ANYTHING!

[dgwooster]

Why don''t we call a ''no confidence vote'' and make Bush run for office all over again? Oh, that''s right. We don''t have that clause in the Constitution.

[grumpas]

Bush is going to go down in history as the ''First American Dictator''! The man has literally no character or principles.

[lastdance2]

Alan Greenspan : "Iraq War - was Really for Oil"

Fabricated and Fraudulent Reports - Delivered to the American People
In order to Falsely and Fraudulently - Advocate a War ! !

This is an example of the Human Rights and Freedoms
Delivered by : The Republican (Nazi) Party

The Russians and The Chinese have Demonstrated they are not so
Dumb and Stupid as to believe anything -
Bush describes as - Democracy - Human Rights and Freedom

There was a time - Treason - was a Criminal Act

Lastdance

[quatrops]

The post-Holocaust generation read history and asked "How could good people have allowed this to happen?" The generation born today, 30 years from now, is going to look at the neo-con abberation of the past 7 years (with such evidence as Order 17) and ask the same. Will we ever learn?

[vet_sk]

The Russian economists have said now that we will spend outselves to death in this war. They have the experience in spending their selves to death. I believe they are right.

[brianbwb-2009]

Order 17 is itself illegal as it contravenes the Geneva convention, to which the US is a signatory. Maliki accepts it because it allows the mercenaries to kill his opposition, which just so happens to be the rest of the country.

Maliki is the modern day "Indian agent" for the Bush administration, as it seeks to commit more of the same genocide it committed in the "wild west".

Now the Iraqis know what the Native Americans have known for centuries, never trust a "white" man bearing a piece of paper.

[toldyouso21]

As long as order 17 is on the books and Al Maliki and others abide by it--sovereignty is just a lie and a joke and the Iraqi government are just puppets. But what else is new?

[clestes-2009]

Well, no one should be suprised by this. this admin has been hiding sh*t since the ****** took office.

What do you think this war is about anyway?? How about money. It certainly was not about WMD, and the myth of speading democracy is pretty well gone, then came the reason to fight "them over there so they don''t follow us home" which is a big lie on same par as the WMD myth. Just how are they going to do that? Obama Ben Forgetton going to buy a navy?? or air force.?? Going to penetrate our air defense?? What a joke.

Now the current reason it fighting terrorism in general and al-quida in particular. Now, Iraq had NO AL-QUADA before we invaded. Our invading the dam* country brought al-quada there, which is only one of the stupid consequenses brought on by the invasion.

No, the defense contractors have made a KILLING off our KILLINGS. Happy thought. My tax dollars going to support a war that is already lost, only going to result in more unnescessary deaths and which I was against from the beginning.

I knew was a bad idea. Anyone who has done any cursory reading on the middle east could have predicted the results!!

I''m sure Bush was told "not a good idea" but being the arroggant sapskull he is, he had a chance to be in a REAL fight with no chance of being hurt. Not like Viewtnam where he had a real chance of getting killed.

No only other peoples children die here.