Iraqi courts and legal action

On September 23, 2007, the Iraqi government said that it expects to refer criminal charges to its courts in connection with a shooting involving Blackwater guards. However, on October 29, 2007, immunity from prosecution was granted by the U.S. State Department, delaying a criminal inquiry into the September 16 shootings of 17 Iraqi civilians. Immediately afterwards, the Iraqi government approved a draft law to end any and all immunity for foreign military contractors in Iraq, to overturn Order 17. The U.S. Department of Justice also said any immunity deals offered to Blackwater employees were invalid, as the department that issued them had no authority to do so. It is unclear what legal status Blackwater Worldwide operates under in the U.S. and other countries, or what protection the U.S. extends to Blackwater Worldwide's operations globally.
Legal specialists say that the U.S. government is unlikely to allow a trial in the Iraqi courts, because there is little confidence that trials would be fair. Contractors accused of crimes abroad could be tried in the United States under either military or civilian law; however, the applicable military law, the Uniform Code of Military Justice, was changed in 2006, and appears to now exempt State Department contractors that provide security escorts for a civilian agency. Prosecution under civilian law would be through the Military Extraterritorial Jurisdiction Act, which allows the extension of federal law to civilians supporting military operations; however, according to the deputy assistant attorney general in the Justice Department's criminal division, Robert Litt, trying a criminal case in federal court would require a secure chain of evidence, with police securing the crime scene immediately, while evidence gathered by Iraqi investigators would be regarded as suspect.
A number of Iraqi families with killed relatives are taking Blackwater to court over alleged "random killings committed by private Blackwater guards".
On January 31, 2010, three current and former U.S. government officials confirmed the Justice Department is investigating whether officials of Blackwater Worldwide tried to bribe Iraqi government officials in hopes of retaining the firm’s security work in Iraq after the shooting in Nisour Square in Baghdad, which left 17 Iraqis dead and stoked bitter resentment against the United States. The officials said that the Justice Department’s fraud section opened the inquiry late in 2009 to determine whether Blackwater employees violated a federal law banning American corporations from paying bribes to foreign officials.