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U.S. District Court Judge Peter J. Messitte denied the defendants' motions to dismiss the federal and state court claims of a group of 72 Iraqi citizens who allege they were tortured while imprisoned at the Abu Ghraib prison. The former detainees, all of whom were released without charge, will be allowed to continue their lawsuit against military contractor L-3 Services, Inc. and a former employee for torturing them in violation of US and international law. In his 92-page opinion, Judge Messitte wrote, "On the facts alleged, Defendants' actions arguably violated the laws of war such that they are not immune from suit under the laws of war." The court also rejected claims of government contractor immunity defense.
"During wartime," the judge wrote, "'many things are lawful in that season, which would not be permitted in a time of peace.' Some actions, however, have been deemed so repulsive to mankind, or so disconnected from prosecuting and winning a war, that they are universally condemned. The law of war attempts to rein in these behaviors. ...One such universally recognized rule is that torture is prohibited." One small step closer to acknowledging the war crimes committed by the Bush/Cheney/Rumsfeld cabal under cover of a war on terror.
