Appeal From Abroad

The Supreme Court rules that a federal court cannot prevent two U.S. citizens from being prosecuted in Iraq.

SINCE 2004, Shawqi Ahmed Omar, a U.S. citizen, has been held by the Multinational Force in Iraq on charges that he violated Iraqi criminal law. Mohammad Munaf, too, is a U.S. citizen and has been held by the multinational force under similar circumstances since 2005. Both men went to court to argue that, although the multinational force was authorized by the United Nations, they have the legal right to challenge their detention by filing a writ of habeas corpus in U.S. federal court, because the force is essentially controlled by the United States. The men also wanted a federal court to prevent the United States from transferring them into Iraqi custody.

A unanimous Supreme Court hit a reasonable balance June 12 by ruling that Mr. Omar and Mr. Munaf have the right to file habeas corpus petitions but that they should not prevail in their quest to be released. The court concluded that U.S. citizens held overseas by "American forces operating subject to an American chain of command" are entitled to challenge their detentions in a U.S. federal court, even when those American forces are "acting as part of a multinational coalition." We would have given more credence to the fact that the multinational force is a distinct, U.N.-sanctioned entity and not subject to federal court intervention. But we agree with the court's conclusion that Mr. Omar and Mr. Munaf had no legitimate legal basis to win release.

It has long been an established tenet of international law that no nation has the right to interfere with the legal system of another. Countries may negotiate through diplomatic channels for the release of their citizens, but they do not have the right to thwart legitimate prosecutions of those who are alleged to have broken another country's laws. If an Iraqi national in the United States were to be charged for criminal violations of American law, an Iraqi judge would be powerless to stop that prosecution. Yet Mr. Omar and Mr. Munaf wanted a U.S. judge to reach across the globe to stop the equivalent process in Iraq. Moreover, the record shows that the two men have been afforded due process in Iraq, where they had legal representation and hearings before Iraqi judges.

Even while respecting the rule of law in Iraq, the United States has a deep interest in ensuring that its citizens are treated fairly and humanely. The United States has acknowledged concerns about the use of torture by some parts of the Iraqi government. It must insist that Mr. Omar and Mr. Munaf are not subjected to such abuse.