A U.S. federal judge has thrown out charges arising from the killing of scores of civilians in a notorious incident in Baghdad two years ago, saying that prosecutors violated the rights of the five U.S. defendants.

Like any defendants, the accused Blackwater contractors have constitutional rights that must be respected, and U.S. District Judge Ricardo Urbina’s decision makes it clear that the government’s investigation was seriously flawed.

The decision confirms the fairness of American justice. But for many Iraqis, the message is just the opposite.

The men were employed by Blackwater Worldwide, a military contractor that was immune to the laws of Iraq. The team was dispatched to a busy Baghdad intersection on Sept. 16, 2007 to help U.S. diplomats escape the area after an explosion. They claim they came under fire at the intersection. They opened fire with machine funs and grenade launchers and the incident ended with 14 dead and 20 wounded.

Prosecutors claimed the men had made an unprovoked attack against civilians. But before the merits of this case could be presented, the defense challenged the prosecution’s tactics. Much of the case against members of the Blackwater team was built upon statements they had been compelled to give to State Department investigators. During this phase of the investigation, they had been promised immunity from criminal prosecution.

The State Department evidence was a key part of their eventual prosecution and fairness required that it be set aside. Finding that the prosecutors had violated their constitutional rights in obtaining indictments, Judge Urbina rightly dismissed the case.

Yet whatever the U.S. makes of it, the incident will be remembered in Iraq as one of the great crimes of the U.S. invasion. Civilians, including children were killed by U.S. contractors who had no accountability to the Iraqi government, military leadership, or, it seems, U.S. justice.

— Questions? Comments? Contact Managing Editor Nick Cowenhoven at nickc@journaltribune.com or City Editor Kristen Schulze Muszynski at kristenm@journaltribune.com.