The stealth jihad of short-sightedness and expediency.
"U.S. company: crash lawsuit governed by Islamic law," by Joseph Neff and Jay Price for the News & Observer, June 19 (thanks to all who sent this in):
RALEIGH - To defend itself against a lawsuit by the widows of three American soldiers who died on one of its planes in Afghanistan, a sister company of the private military firm Blackwater has asked a federal court to decide the case using the Islamic law known as Shari’a.The lawsuit “is governed by the law of Afghanistan,” Presidential Airways argued in a Florida federal court. “Afghan law is largely religion-based and evidences a strong concern for ensuring moral responsibility, and deterring violations of obligations within its borders.”
If the judge agrees, it would essentially end the lawsuit over a botched flight supporting the U.S. military. Shari’a law does not hold a company responsible for the actions of employees performed within the course of their work.
Erik Prince, who owns Blackwater and Presidential Airways, briefly discussed the lawsuit in a meeting today with editors and reporters at The News & Observer. Prince was asked to justify having a case involving an American company working for the U.S. government decided by Afghan law.
“Where did the crash occur?” Prince said. “Afghanistan.”...
So Blackwater and its operatives and agents believe they should be able to plead their case in Afghani courts? What about Iraqi courts? Those b@stards should wise up, pay up and stfu, and thank whatever power they may believe in that they are not subject to Afghani or Iraqui authority.
Obama refuses 2 muslim women from sitting behind him
http://news.yahoo.com/s/ap/20080618/ap_on_el_pr/obama_muslims;_ylt=Ag38NtvO6fa7Z1o9QGHqj.pp24cA
To defend itself against a lawsuit by the widows of three American soldiers who died on one of its planes in Afghanistan, a sister company of the private military firm Blackwater has asked a federal court to decide the case using the Islamic law known as Shari’a.
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Good God! Be careful what you wish for. These company execs might find that a large insurance payout to these soldiers' widows to be considerably less costly in the long run than establishing Shari'ah law precedence in the United States.
I am absolutely stunned that it is *Americans* who are making this case. Anything to win in court, I guess. What idiocy! I just hope that the judge in this case shuts down this request right away.
If I were a Blackwater employee, I'd be listening real close. If Blackwater is going to hang your widow(er) out to dry, maybe you don't want to work for these people.
If they are found guilty will they then receive the death penalty? What is the sharia punishment for wrongful death?
In all seriousness, call your representatives in Washington and demand that the federal government stop using Blackwater.
Im with MP on this one.
I can't find the words.
"Shari’a law does not hold a company responsible for the actions of employees performed within the course of their work."
Would company execs be stupid and greedy enough to attempt to limit liability though shari'a?
The use of shari'a has been used to justify the banning of Trade Unions and the torture and execution of their members in, e.g. Iran.
Time to flush Blackwater.
It's very well connected.
Blackwater entered into the contract with the U.S. Goverment on U.S. soil to offer services here and abroad.
The law stands with the contract where it was executed, unless otherwise the contract specifies the 'laws of *name the country* land'.
I am betting that it specifies 'United States of America'.
Additionally, since the U.S. Goverment entered into the contract with Blackwater, if there were a legal issue or dispute with the contract where would the U.S. Goverment go to remedy the dispute? American soil.
The suit stays on American soil.
Blackwater is run by Joseph E. Schmitz, Nazi diaper baby, brother of Mary Kay Letourneau, and his brother is married to Jeb Bush's sister-in-law.
Blackwater is not what it seems...
Bet Bush gets them out of this one.
“Would company execs be stupid and greedy enough to attempt to limit liability though shari'a?”
Presidential Airways filed Chapter 11 in October 2007. http://query.nytimes.com/gst/fullpage.html?res=950DE5D9143EF934A15753C1A96F948260
Why wouldn’t they try, especially if it will save them the liability of paying off their employee’s widows?
Well...sharia law is as despicable as islam but the American tort system is nothing to be proud of either..sadly. American private aviation manufacturers have all but disappeared thanks to many bogus lawsuits.
Why do idiots end up running large corporations? This ranks up there with the "new" Coke decision.
Just say "no" to Sharia.
"This ranks up there with the "new" Coke decision."
Erm.
If this flies it the consequences will be a tad more dangerous.
WEASELS!
They're getting paid with AMERICAN funds so they can abide by AMERICAN LAWS!
Pismopal - The point is not the efficacy of fairness of our court system, but that it is OUR system, while sharia is a creature of islam. We could reform our own system. If we grant sharia any standing in the United States, the camel will have more than his nose inside the tent.
Poohbama and the Party of Eeyores
Why, after all, is everyone so concerned about American's citing Afghan statutes? Isn't Afghanistan operating under modern, democratic law?
Well, of course not. Western Resistance has an excellent overview of the functioning of the "rule of law" in "modern" Afghanistan. It includes muzzling of the press, convictions under blasphemy laws, and a death sentence for an apostate from Islam. Basic Shari'ah law, different only in small degree from that practiced under the Taliban. Little of this will be news to a regular JW reader.
As Western Resistance notes, "This is the much-vaunted democracy, Afghan-style, for which coalition soldiers have laid down their lives." Ironically, the orignal military code name for the operation in Afghanistan which ousted the loathsome Taliban was "Operation Infinite Justice"--something you would be unlikely to find any approximation of in an Afghan courtroom.
The operation name was later changed to "Operation Enduring Freedom", which, as my husband wryly notes, can actually be read in two very different ways.
Here's the link:
http://www.westernresistance.com/blog/archives/003958.html
Blackwater won't prevail on this because the Federal Court will usually decide jurisdiction based on the venue most favorable to the plaintiffs bringing the Action.
But, the fact that they'd invoke Sharia law just to save a buck and shield themselves from a monetary verdict makes me sick.
THIS IS BEYOND OUTRAGEOUS!THEIR EMPLOYEES, MANY OF WHOM THEY ACTUALLY LURED OUT OF THE MILITARY SHORT OF RETIREMENT,AND THEIR FAMILIES, MUST BE PROTECTED,ESPECIALLY THOSE WORKING FOR US.
THE ISSUE OF THEM STANDING ON SHARIA LAW LITERALLY MADE ME VOMIT!
SHARIA IS THEISLAMIC 'LEGAL/RELIGIOUS FRAMEWORK THAT SUPPORTS THE ISLAMIC EXTREMISM THAT WE ARE BATTLING WORLWIDE. FOR THIS COMPANY(OF ALL COMPANIES) TO GIVE IT ANY LEGAL STANDING ,EVEN BY WHAT HAS ALREADY TRANSPIRED, IS SIMPLY BEYOND WORDS.
THE GOVERNMENT SHOULD REALIZE HOW $$$$ HAS REPLACED PATRIOTISM FOR BW,AND USE PATRIOTIC COMPETITORS TO BW FOR CONTRACT WORK IN THE FUTURE.
OF COURSE THE REAL SOLUTION ,DURING WARTIME, WOULD BE TO BRING BACK THE DRAFT , ENSURING A CITIZENS FORCE BIG ENOUGH TO DO THE JOB WITHOUT PRIVATIZATION; OF COURSE THE LEFT-WINGERS WOULD PREFER WE HAD NO DEFENSE!
Is my stomach the only one that's turning right now?
Choi-- as I asked of another commenter yesterday, please don't post in all-capital letters.
????
This is why I am so sick of the status que. This is what we get for using mercenaries. Erik Prince can rot. In fact he can go live in Afghanistan as well. He is prime example of a traitor. Best yet he has been paid with your TAX DOLLARS!
It is going to be hard for someone like me to ever forgive the Bushite supporters in the GOP who have created this mess. They are no better then left wing libs in my eyes. There is nothing worse then a flag waving sellout. God I hate that. They always want some else to fight while they pump their chest and wave the flag.
"The lawsuit “is governed by the law of Afghanistan,” Presidential Airways argued in a Florida federal court."
Wouldn't Presidential Airways be suprised if the court acceded to their request, and Presidential's board of directors to were all sentenced to decapitation or stoning.
I'm sure they'd be delighted to lay their heads on the block in the interest of justice.
This is the cheapest, most immoral, nastiest, most vile display of venal avaricious greed I ever set eyes on.
This company entered into a contract with each of its employees, and those contracts will have stipulated the jurisdiction of a particular state. They can't just throw people to the wolves like this to evade their legally binding contractual responsibilities.
The only problem with your idea is that it makes sense.
It will be interesting to see how the judge rules on this one, but be sure of one thing: this is only the beginning of such attempts to work the courts over to impose shariah, not the last.
If the deaths had happened in the Arctic or Antarctic, just whose laws and jurisdiction would apply? Santa Claus or the Penguins?
It's a total crock - but don't be real surprised by any adverse rulings or opinions. All it takes is finding the right dhimmwit, numb-skull jurist who says, "That's a GOOD idea."
Congress should make sure that any company, American or other Western, or non-Western, that wishes to receive money as a contractor for the American government will not ask that its contracts be covered by Shari'ah law. That is the minimum that can be asked. If indeed this intolerable request was made by a subsidiary of Blackwater, that should damn the company in the eyes of all, including those who might once have -- wrongly -- been inclined to defend it against charges of war profiteering.
Blackwater- American as Apple Pie when vying for those fabulously lucrative ChimpyMcBBusHitlerburton contracts, but Hamas as you like when it comes to putting a little back.
And your top brass actually trust these people to help protect your fellow citizens in war zones?
Let mr. prince have his sharia law. Then, when a male blackwater employee who served in afghanistan files a lawsuit against the company, let him demand the hand of prince's 10 year old daughter or granddaughter as compensation. Be careful what you wish for, mr. prince.
I am absolutely stunned that it is *Americans* who are making this case. --gravenimage
It's unbelievable.
Big Luke said
Asked and answered. If it will save the company a few bucks to avoid paying the widows of the employees who were killed, what's the harm? If they can sell the jihadis the sword that will be used for smiting their own necks (or the highly enriched uranium for the jihadis peaceful nuclear program), why not make the sale? To do less would be fiduciarily irresponsible.
If this isn't a public relations disaster, what the hell is? And it's fully deserved.
From the article,
Islam is NOT a religion, but is a ideology cloaked with "religious" ritualism and symbolism.
Moral? There is nothing more IMMORAL than the doctrine of Islam.
sharia law is SOOOOO against our constitution. And what judge even knows them? If they did they would laugh at this request because it takes away so many rights to all of us infidels and muslim women!
If this is an Afghani lawsuit - then go to Afhganistan and stand trial! Get this junk out of our country. It is bad enough muslims are practicing sharia law within their own groups, eg: polygamy, etc. and even the regular media doesn't report cases that involve muslim polygamists, such as that creep in California that was torturing his wives and kids - OOOOHHHH, but we hear about the Mormons though!
This request of our courts just makes me sick! And really perturbed!
This is a normal "conflict of laws" situation.
From Wiki - http://en.wikipedia.org/wiki/Conflict_of_laws
Conflict of laws (or private international law) is that branch of international law and intranational interstate law that regulates all lawsuits involving a "foreign" law element where different judgments will result depending on which jurisdiction's laws are applied as the lex causae.
In civil law systems, private international law is a branch of the internal legal system dealing with the determination of which state law is applicable to situations crossing over the borders of one particular state and involving a "foreign element" (élément d'extranéité), (collisions of law, conflict of laws). Lato sensu (at large) it also includes international civil procedure and international commercial arbitration (collisions of jurisdiction, conflict of jurisdictions), as well as citizenship law (which strictly speaking is part of public law).
...
Private international law is divided on two major areas:
* Private international law "sensu stricto" comprising conflict of laws rules which determine the law of which country (state) is applicable to specific relations.
* Private international law "sensu lato" which comprises private international law "sensu stricto" (conflict of laws rules) and material legal norms which have direct extraterritorial character and are imperatively applied (material norms of law crossing the borders of State) - usually regulations on real property, consumer law, currency control regulations, insurance and banking regulations.
In common law systems, conflict of laws, firstly, is concerned with determining whether the proposed forum has jurisdiction to adjudicate and is the appropriate venue for dealing with the dispute, and, secondly, with determining which of the competing state's laws are to be applied to resolve the dispute. It also deals with the enforcement of foreign judgments.
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You have two US citizens in Germany, doing something which is legal in Germany, bot not US. They come back to US. Now citizen A sues citizen B, because what they did in Germany was not legal in US.
Change Germany with Afghanistan.
Anyone who calls for Sharia, should be charged with treason. If the judge oks this, he needs to be taken out of the court system.
This will be a HUGE victory for the enemy. IDIOTS!!
Blackwater's Mister Prince has a problem with people calling his soldiers mercenaries.
In October of 2007 he appeared on CBS's "60 Minutes," and in defense said, "I'm an American working for America. Anything we do is to support U.S. policy. You know the definition of a mercenary is a professional soldier that works in the pay of a foreign army. I’m an American working for America."
http://www.cbsnews.com/stories/2007/10/13/60minutes/main3364195.shtml
"It will be interesting to see how the judge rules on this one, but be sure of one thing: this is only the beginning of such attempts to work the courts over to impose shariah, not the last."
America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.
Abraham Lincoln
I am concerned for the security of our great Nation; not so much because of any threat from without, but because of the insidious forces working from within.
Douglas MacArthur
A dictatorship would be a heck of a lot easier, there's no question about it.
George W. Bush
The judge won't side with sharia on this one. This dealt with Americans and an American operation I believe.
If it WAS their fault, then they need to pay up and that will be found out with the process unlike what sharia has built in it. That is the good thing about our court system is it can vet this stuff out. Sure ridiculous stuff sometimes gets through but if you look over all the other systems of the world and look at ours? I'll take ours ANYDAY. Let there be no doubt.
Where we go wrong is we allow people to settle out of court and admit no fault. If yer guilty, yer guilty...and it should go forward to vet things out. We go wrong in other areas but that is just a sample.
Give sharia an inch, they'll take 20 feet.
Aiken Byrce
"Islam is NOT a religion, but is a ideology cloaked with "religious" ritualism and symbolism."
Exactly.
Like Wellington, I have no words...
Well, maybe I have a few words. I am dismayed, shocked, and ashamed that this is even being considered by a Florida Federal court.
I don’t think this lawsuit should have been allowed to begin with.
I mean no disrespect to the widows, but if their husbands had died on the ground because of a military blunder or in any other military plane crash, suing wouldn’t be an option.
I agree Blackwater should just pay, but if they are still active in Iraq and Afghanistan I am sure they don’t want to set any precedence or they will be in litigation for the next 30 years.