WASHINGTON -- A legal loophole could allow four American civilian contractors allegedly involved in the abuse of Iraqi prisoners to escape punishment, US military officials and specialists said yesterday.
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But the four civilian workers identified in an internal army report for their involvement in the physical and sexual mistreatment of the prisoners -- including the alleged rape of one detainee -- cannot be punished under military law, and it is unclear whether they will face any charges under either US or Iraqi laws.
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The allegations of prisoner abuse, ranging from sodomizing a prisoner with a chemical lightstick, to forcing Iraqi prisoners to simulate sex acts on film, to connecting wires to the genitals of one prisoner, have also raised new questions on the role of civilian interrogators in Iraq and on the heavier military reliance on private contractors who often operate outside the code of military conduct and largely under their own rules.
"This is not something we have seen in previous wars," said Peter W. Singer, a fellow at the Brookings Institution and author of "Corporate Warriors: The Rise of the Privatized Military Industry," referring to the use of civilian interrogators. Singer said the tendency to use private contractors for a wide variety of services -- instead of calling up more troops -- could pose serious legal problems for the US military.
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Military officials said yesterday that the contractors could not be tried under military laws and that they were unsure if Iraqi or US laws would be applied. A US spokeswoman in Baghdad said the military usually refers such cases back to the companies that employ them, and she believed that is what is being done in this case.
"The military has no jurisdiction over the civilian contractors," said the spokeswoman, who has been assigned by military officials to handle inquiries on the prison abuse scandal. She asked not to be identified. "The military can make recommendations, but it is going to be up to the employer to decide what measures to take."
But CACI chief executive Jack London said yesterday that the firm has not received any information from the US government or military about the alleged crimes, despite inquiries and a request for a copy of the internal report.
"I think it is disgusting, and I certainly would believe that our people would not do these things," London said in a telephone interview. "On the other hand, if it turns out that our people did, we won't tolerate it. We won't permit it to continue. We, certainly to the best of my knowledge, we never trained people to do those kinds of things at all."
Singer said it is not enough to refer the crimes back to the companies, because they rarely take them seriously enough and cannot impose sufficient punishment for a crime like rape.
"No company can properly punish a felony offense. . . . All you do is you lose a paycheck," said Singer. "This pushes out to way past the envelope. We've already outsourced logistics, we've outsourced training, we've outsourced certain activities in combat. What's left? My concern is we really need to take a step back and look at what should be outsourced."
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The growing reliance on private contractors has drawn more concern among lawmakers over the cost effectiveness of using more civilian workers in dangerous zones.
Larry Diamond, a senior fellow at the Hoover Institution at Stanford University, said it is more difficult to hold civilians accountable than soldiers in places like Iraq.
"If there are military officers doing the interrogating, there are military standards and military instruments to hold them accountable," said Diamond, who was a senior adviser on governance to the Coalition Provisional Authority. "But with civilian contractors, what are the parallel means of accountability?"
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