Acree v. Iraq Update

The American POWs who sued Iraq for the torture endured while held captive in 1991 have won the latest conflict in the ongoing battle with the United States Government, which has sought to block their claim.  Specifically, US District Court Judge Richard W. Roberts has rejected Government's attempt to intervene in the case and vacate the July 7 judgment in favor of the POWs.  The court ruled that the Government's motion was untimely, since the Government has long been aware of the suit and of any interest it had in the outcome, but yet waited until after a final judgment to seek to intervene.  In addition, the court rejected the Government's claims that actions taken by the Executive Branch earlier this year -- purportedly making certain laws "inapplicable" to Iraq -- had the effect of restoring Iraq's sovereign immunity and retroactively depriving the court of jurisdiction over the case.

"I never understood how our own Government could argue to erase the prior judgment from the books.  That judgment provides a lasting public record of the savagery inflicted upon American POWs and is designed to deter future acts of that nature," said Steve Fennell of Steptoe & Johnson LLP, one of the attorneys for the POWs.  "The history of the human rights struggle has shown that the most effective way to halt and deter heinous abuses -- and the brutal torture of POWs certainly falls in that category -- is to expose them.  It is our hope the United States will see the national security and public policy value in getting behind our efforts, instead of blocking our way." 

The POW group will continue to pursue the satisfaction of their judgment against the assets of Iraq and Saddam Hussein.  "We believe that Congress was clear when it said terrorist nations must be made to pay for their torture of Americans, and we do not think Congress has changed its mind," said Fennell.