universal-rights

  
  

 
 
 
War Crimes and Violations of the Law of Nations during Armed Conflict.

Much frustration has been expressed with the world's legal systems to effectively deal with the crimes that inevitably occur in the chaos and lawlessness of war.

Criminal justice systems, like other government functions, cannot function in the middle of an armed conflict. While armies may have their own way to deal with war criminals, it seems these cases are only prosecuted if sufficient pressure is applied by the news media.

The increasing use of private mercenaries, ironically, provides a mechanism for victims to bring civil cases against the mercenaries' employers. Unlike governments, private corporations do not enjoy sovereign immunity, and can be sued for war crimes and violations of the laws of nations. These cases can be brought in the United States under the Alien Tort Claims Act, Torture Victims' Protection Act, and other laws. While this is en emerging and somewhat unsettled area of law, it provides the hope that victims of the worst atrocities committed on the planet can have some hope of reparations, at least when the crimes were committed by private actors.

Highlighted Cases:

In Re Chiquita Brands International, Inc., No. 08-01916-MD (SDFL)

We represent more than 3000 families of victims murdered by paramilitary and guerrilla forces in the Uraba region of Colombia, in a lawsuit against banana giant Chiquita Brands, International. After Chiquita pled guilty in March of 2007 to providing material support to these organizations, which is a crime in the United States, we began organizing a civil lawsuit on behalf of the victims. The AUC, in particular, has killed tens of thousands of civilians over the last decade in their effort to combat the FARC insurgency.

We expect this to be a landmark case. IColombia is a country of many forgotten victims, many of whom have been displaced from their homes and whose main concern is where their next meal will come from. The legal theory used, the Alien Tort Claims Act, is relatively new. To date, no one has ever successfully used it to obtain a collectable judgment. However, the facts of this case are strong: Chiquita has admitted paying the AUC, in particular, and many of the AUC commanders have admitted accepting money from Chiquita and other banana companies, as well as admitting to thousands of specific murders, many of them in Uraba.

Over the past year, numerous other law firms have presented similar claims on behalf of smaller groups of people, but we believe we represent over 95% of the victims in Uraba who have obtained counsel. Although the competition has made resolution of the case more difficult, we are still optimistic of our chances of success.

Askander v. Research Triangle Institute and Unity Resources Group, No. 08-cv-595 (DC)

The use of private military contractors in Iraq has created a pattern of unfortunate and inexplicable murders of innocent civilians in that country, compounding efforts to stabilize the new government. Although the Blackwater corporation has received most of the public's attention, on account of an incident in which some 16 innocent people were killed, there are many other private security contractors in Iraq, and hundreds of smaller incidents that have not made the news.

In Askander v. RTI, we are seeking to hold a private security contractor and its employer responsible for a murder resulting from an aggressive policy of shooting at any perceived threat. In this case, two women were driving home from church, with two children in the back seat, when they apparently got too close to a convoy of armored vehicles. Fearing a car bomb, the contractors opened fire on the vehicle with machine guns, killing the two women in the front seat, and wounding the children in the back.

These kinds of incidents are entirely avoidable and are extremely counterproductive to the efforts of America and Iraq to bring stability to the country. Since Ambassador Bremer passed an ordinance exempting American contractors from Iraqi legal process, we have filed suit in Federal District Court in Washington DC. The driver of the vehicle, Marani Awanis Manook, is represented by the law firm of Burke O'Neil, LLC.

Copyright Paul Wolf, 2008. All Rights reserved.