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Monday, Dec 8, 2008 7:15 PM UTC

Will charges against Blackwater guards stick?

The most important question may not be their guilt or innocence in the shooting of Iraqi civilians, but whether they're even subject to U.S. law.

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Topics: Iraq war, War Room, Blackwater,

Five Blackwater security guards have surrendered to federal authorities after they were indicted on charges relating to a 2007 incident that left 17 Iraqis dead. A sixth has already agreed to a plea deal with prosecutors.

The Associated Press reports that defense attorneys are already “filing court documents challenging the Justice Department’s authority to prosecute the case.” This isn’t surprising. In a 2007 article, Salon’s Mark Benjamin and I explored the legal limbo that was created in Iraq for private security guards like the ones charged Monday. “We’ve painted ourselves in a corner,” Peter W. Singer, an expert on private security contractors who is a senior fellow at the center-left Brookings Institute explained at the time. Many questions remain about who — if anyone — has jurisdiction over these guards, and whether they can legally be prosecuted at all. This case may end up as an important test, and could have larger implications for contractors in Iraq and elsewhere.

The five guards are each charged with 14 counts of manslaughter and 20 counts of attempted manslaughter, as well as with using a machine gun to commit a crime of violence. According to the AP, that last charge carries a 30-year minimum prison sentence.

Alex Koppelman

Alex Koppelman is a staff writer for Salon. More Alex Koppelman.

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Gripping photos: The people of the Turkey protests (slideshow)

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  • The protests take on a festive element as police forces move out of the park and square. Wearing a gas mask, this young man dances to traditional Turkish music in front of Taksim Square’s Ataturk Monument.

  • In Gezi Park since March 31st, this protester, originally caught off-guard by the Government’s teargas and water cannons, went out and bought a Russian army mask from WWII, preparing for what was to come.

  • This rambunctious boy seems to be enjoying the chaos. After taking this picture he threw a stone at the already destroyed building in the background.

  • Forming a line, the police face off directly with protesters in Taksim Square. After a while, they retreated and there was a general cheer – a back-and-forth dance that has been common since the beginning of this protest.

  • An elderly woman in Gezi Park reads the news. The tent community occupying the park was violently destroyed on June 16th.

  • Many different groups had set up booths to promote their cause in Taksim Square and Gezi Park. Standing in front of one, this man waves his flag while posing with conviction.

  • Many home-remedies are used to minimize the effects of tear gas. This woman has put a milky solution on her face, removing her mask after the tear gas dissipated. Before sunrise, the police came again for another round of teargasing.

  • People capitalize on the uprising -- selling flags, beer, gas masks, sky lanterns and spray paint to name just a few of the popular items.

  • On Monday morning, June 11, the police execute a strong offensive. Many plain-clothed police officers, like the ones seen here, clash with protesters in the side streets away from the main stand-off in Taksim.

  • The authorities seem to be most aggressive in the night, pushing protesters away from the square and park. After being teargassed this young woman catches her breath with other protesters on Siraselviler Street.

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