BLACKWATER PERSONNEL SECURITY DETAIL INVOLVED IN

C O N F I D E N T I A L STATE 130600

SIPDIS

LONDON PLEASE PASS TO AMBASSADOR CROCKER

FOLLOWING BAGHDAD 3136 DATED SEPTEMBER 2007 SENT ACTION
SECSTATE WASHDC INFO IRAQ COLLECTIVE
BEING REPEATED FOR YOUR INFO
QUOTE:

C O N F I D E N T I A L BAGHDAD 003136

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/16/2017
TAGS: AMGT ASEC IZ PREL PTER
SUBJECT: BLACKWATER PERSONNEL SECURITY DETAIL INVOLVED IN
LETHAL INCIDENT

Classified By: Charge d'Affaires Patricia A. Butenis reasons 1.4 (b) an
d (d)

CONFIDENTIAL

--------------
SUMMARY
--------------


(C) On September 16, a COM Blackwater-operated Personnel
Security Detail (PSD) on a Red Zone move in Baghdad was
involved in a lethal incident, including Iraqi police,
resulting in at least 10-11 deaths. The incident, the
details of which remain under investigation (and dispute),
continues to receive extensive media attention and has the
potential to inflame public sentiment. Although some GOI
officials have made strong public statements calling for the
end of Blackwater,s operating license, many senior GOI
officials depend on PSDs and recognize the Embassy,s
operations also depend on PSD support. The manner in which
we respond to the incident (such as working out modalities
for a &joint commission8 which does not commit us to a
specific course of action but facilitates consultation and
transparency with the GOI) will help shape GOI actions in the
coming days.

--------------
COM PSD Incident
--------------

(C) On the morning of September 16, 2007, personnel under
Chief of Mission (COM) authority were at a meeting at the
Izdihar financial compound, approximately two kilometers
northwest of the IZ, when a vehicle-borne IED went off 25
meters from the entrance to the venue. COM personnel and the
COM Blackwater PSD team supporting their movement departed
the venue without incident, but the second of two additional
PSD teams dispatched by the Embassy to support their
departure became involved in an escalation of force incident
which turned into a firefight and disabled one COM vehicle.
The exchange of fire escalated and involved Iraqi Police (IP)
units. No COM personnel were injured, and the disabled
vehicle was towed back to the IZ. RSO estimates that there
were 10-11 Iraqi fatalities and an additional 16 wounded,
however one set of GOI estimates is much higher (23 dead and
35 wounded). News reports on this incident state figures
similar to those estimated by the RSO but also indicate the
death of one infant, but these reports are unconfirmed.
(Note: This is the 6th attack on COM personnel in 8 days.)

--------------
Investigation and Measures Taken
--------------

(C) The Embassy immediately launched an RSO-led investigation
per standard operating procedures to determine the facts,
which remain unclear and disputed. The RSO has conducted
interviews with twenty American witnesses, five of whom were
involved in the firefight, and will be interviewing IP police
witnesses tomorrow. Per RSO directive, all red-zone moves
across Iraq are on hold through tomorrow. The Embassy is
considering participating in a joint commission with the GOI,
if this will facilitate consultation and transparency with
the Iraqis without committing the USG to any specific course
of action, or hampering our decision making authority over
COM personnel (see description of proposal below).

--------------
GOI Reaction
--------------

(C) On the evening of September 17, 2007, the Charge
d,Affaires and Regional Security Officer met with Iraqi
National Security Advisor Rubaie to discuss the incident. The
Charge conveyed the seriousness with which the United States
takes this incident, expressed regret for any loss of life
and informed Rubaie of the status of the investigation, The
RSO gave Rubaie a description of the incident. The Charge
also noted that the PSD was responding to a VBIED incident
and that there had been a series of attacks on Embassy and
and PSD personnel within the last ten days. Rubaie stated
that this was the fourth incident involving private security
contractors within the past month that had resulted in Iraqi
fatalities (note: RSO was not aware of the other three
incidents Rubaie referred to, and made the point that there
are many private security contractors in Iraq that are not
under the authority of the USG).

(C) Rubaie disputed USG casualty figures saying that he had
been informed that there were 23 deaths and 35 wounded. He
noted that the timing of this incident was unfortunate


because the perception on the part of many Iraqis is that
violence has recently decreased to pre-Samara Mosque bombing
levels, but any violence involving Westerners is blamed on
the U.S. Military and potentially undermines good will
generated by security improvements.

(C) Rubaie also raised the issue of creating a Joint
MNF-USG-GOI Commission to investigate this and other
incidents involving private security contractors, along the
lines of the commission which investigates incidents
involving the U.S. Military. The Charge deferred the issue,
emphasizing that any proposal to form such a committee would
have to be reviewed carefully in consultation with
Washington, but that we would get back to him as soon as
possible.

(C) Rubaie distanced himself from Minister of Interior
Bolani,s statement that the GOI would revoke the operating
license for Blackwater, indicating that the Minister or
whoever had made the statement on his behalf was misinformed.
A separate report conveyed by MNF-I based upon information
obtained from the Prime Minister,s Situation Room indicates
that the Prime Minister did not issue any order to revoke
Blackwater,s license.

--------------
Legal Issues
--------------

(C) Under CPA Order 17, the security personnel involved in
this incident are not subject to prosecution in Iraqi courts
because the actions they took were pursuant to the terms of
their contract. However if the USG determines that a crime
has been committed under U.S. law, charges could be pursued
in the United States criminal justice system.

--------------
Long Term Issues
--------------

(C) Chief of Mission personnel in Iraq rely heavily on
Blackwater PSDs and assets for travel in the red zone. Any
action curtailing Blackwater,s operations in Iraq would
severely limit COM personnel movement, impacting the
Embassy,s ability to support the GOI. However, despite the
Minister of Interior,s statement, we do not anticipate and
immediate GOI move to expel Blackwater.

--------------
Press Coverage and Political Pressure
--------------

(C) Iraqi state television reported the Prime Minister as
condemning the &criminal operation8 and threatening to end
Blackwater operations in Iraq. Agence France Presse (AFP) is
reporting that Interior Minister al-Bolani ordered the
cancellation of the operating license of Blackwater. NSA
Rubbaie discounted Bolani,s statements, and the PM,s staff
have refuted the statements the PM reportedly made. The
Charge will meet the PM,s COS tomorrow to clarify.
Nonetheless, PM Maliki is under increased political pressure
as the Sadrists and Dawa Tanzim have abandoned the United
Iraqi Alliance in the past two days. Critics from his own
Shi,a alliance are seizing on this incident as they have
other recent perceived Coalition Forces excesses to attack
the PM and demand tough government action.

BUTENISUNQUOTE: RICE