CPA Order 17

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CPA Order 17 is a law passed by the Coalition Provisional Authority in Iraq reducing the power of the Iraqi government to pursue legal action against foreigners working with the CPA. Depending on interpretation, it either takes power away from the Iraqi government, giving it to the CPA, or it takes power from the Iraqi government and gives it to individuals claiming to work in the interest of the CPA.

CPA Order 17 stipulated that "Contractors shall be immune from Iraqi legal process with respect to acts performed by them pursuant to the terms and conditions of a Contract or any sub-contract thereto" (4.1).

The legal immunity given to contractors is actually far more limited than that given to others. Section 2, subsection 1 states that "the MNF [multinational forces], the CPA, Foreign Liaison Missions, their Personnel, property, funds and assets, and all International Consultants shall be immune from Iraqi legal process." Though interpretations vary, this seems to be a blanket immunity, whereas that applied to contractors is contingent upon their acting to fulfill a contract.

Order 17 has been a flash point in the media concerning the relationship of foreign military forces and private security contractors with the Iraqi government, with some suggesting that the use of this order undermines the sovereign legitimacy of the government of Iraq.


[edit] External links

[edit] Order 17 from the CPA website

[edit] media articles on Order 17