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abu ghraib
US Appeals Court Upholds Verdict Against Contractor Liable for Abu Ghraib Torture
"This is a huge moment, a win that builds a foundation for a new precedent in the US," said one plaintiff. "Those who believe they are above the law will now think twice before violating human rights."
Mar 12, 2026
A federal appellate court on Thursday upheld a historic verdict against CACI Premier Technology, a military contractor found liable for its role in the torture of three prisoners at Abu Ghraib during the George W. Bush administration's invasion of Iraq in the early 2000s.
The three plaintiffs—middle school principal Suhail Al Shimari, fruit vendor Asa'ad Zuba'e, and journalist Salah Al-Ejaili—are represented by the Center for Constitutional Rights and two law firms. CCR noted Thursday that Al Shimari v. CACI was first filed in 2008 under the Alien Tort Statute and "is the only lawsuit brought by Abu Ghraib torture victims to make it to trial."
These three survivors of Abu Ghraib—where US captors subjected prisoners to broken bones, death threats, electric shocks, extreme temperatures, sexual abuse, and more torture—finally got their day in court in April 2024. The following November, a federal jury in Virginia ordered CACI to pay each plaintiff $3 million in compensatory damages and $11 million in punitive damages, for a total of $42 million.
"This victory isn't only for the three plaintiffs in this case against a corporation," Al-Ejaili said after the verdict. "This victory is a shining light for everyone who has been oppressed and a strong warning to any company or contractor practicing different forms of torture and abuse."
CACI unsuccessfully sought a new trial at the US District Court for the District of Virginia, then turned to the 4th Circuit, which heard arguments last September.
"We affirm the jury’s verdict in full," wrote Senior Judge Henry Floyd, joined by Judge Stephanie Thacker—both appointees of former President Barack Obama. Judge A. Marvin Quattlebaum Jr., who was appointed by President Donald Trump, dissented.
CCR legal director Baher Azmy, who argued the appeal, said Thursday that "we are gratified yet again that the 4th Circuit rejected CACI's cynical arguments for impunity for its responsibility for the torture of our clients, which the jury confirmed in a historic judgment last year. Our courageous clients have waited so long for recognition and justice, and we are happy for them that this judgment affirmed their entitlement to it."
Joining the center in this fight were the firms Akeel & Valentine and Patterson Belknap Webb & Tyler. Michael Buchanan, a partner at the latter and lead co-counsel for the plaintiffs, also expressed gratitude "for the court's careful review of this matter and for its decision to uphold a verdict that acknowledges the severe harm our clients endured at Abu Ghraib at the hands of CACI employees and military personnel."
"I have been honored to work on this appeal alongside an exceptionally skilled and dedicated team at Patterson Belknap, which included Andrew Haddad, Alex Mahler-Haug, and other lawyers and paralegals, and with our colleagues at the Center for Constitutional Rights," Buchanan said. "While no verdict can undo what these individuals suffered, this outcome affirms their courage and the fundamental principle that all must be held accountable for their actions."
Al-Ejaili also celebrated the development, declaring that "this is a huge moment, a win that builds a foundation for a new precedent in the US."
"This will cause a positive difference in the future. Those who believe they are above the law will now think twice before violating human rights," the plaintiff added. "Thank you to the US legal system and thank you to everyone who had anything to do with this win."
The appellate court's decision notably comes as the Trump administration and Israel have launched another war in the Middle East: a joint assault of Iran, alongside Israeli bombing of Lebanon. Evidence of war crimes—including attacks on schools, hospitals, and other civilian infrastructure—has quickly mounted, fueling global demands for a diplomatic resolution.
This article has been updated with comment from lead co-counsel for the plaintiffs Michael Buchanan.
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'Big Day... for Justice': US Jury Finds Contractor CACI Liable for Abu Ghraib Torture
"This victory is a shining light for everyone who has been oppressed and a strong warning to any company or contractor practicing different forms of torture and abuse," said one of the Iraqi plaintiffs.
Nov 12, 2024
In a landmark verdict cheered by human rights defenders around the world, a federal jury in Virginia found a U.S. military contractor liable for the torture of three prisoners at the notorious Abu Ghraib prison during the invasion and occupation of Iraq in the early 2000s.
The jury ordered CACI Premier Technology to pay each of the three Iraqi plaintiffs $3 million in compensatory damages and $11 million in punitive damages, for a total of $42 million. It is the first time that a civilian contractor has been found legally responsible for abusing Abu Ghraib detainees.
The lawsuit against CACI—filed in 2008 by the Center for Constitutional Rights (CCR) on behalf of Suhail Al Shimari, Asa'ad Al Zuba'e, and Salah Al-Ejaili—alleged that company officials conspired with U.S. military personnel in subjecting the plaintiffs to torture and other crimes.
As CCR noted Tuesday:
The plaintiffs brought their case under the Alien Tort Statute, a 1789 federal law that allows foreign nationals to seek redress in U.S. courts for certain violations of international law. This historic outcome follows 16 years of litigation, more than 20 attempts by CACI to have the case dismissed, and a previous trial in which the jury was unable to reach a verdict. Never before this case had survivors of U.S. post-9/11 torture testified in a U.S. courtroom. It also featured testimony from U.S. generals, CACI employees, and former [military police officers] involved in the torture.
"Today is a big day for me and for justice," said Al-Ejaili. "I've waited a long time for this day."
"This victory isn't only for the three plaintiffs in this case against a corporation," he added. "This victory is a shining light for everyone who has been oppressed and a strong warning to any company or contractor practicing different forms of torture and abuse."
CCR legal director Baher Azmy said that "our clients have fought bravely for 16 years in search of justice for the horrors they endured at Abu Ghraib, against all of the challenges this massive private military contractor threw in their way over the years to avoid basic accountability for its role in this shameful episode in American history."
"We are awed by our clients' courage and by the power of their testimony in court, and we are grateful that this jury knew enough to credit their story over the deflections of CACI," Azmy added. "We thank the jury for affording our clients the measure of justice they came to a United States court to seek."
Like Guantánamo Bay, Abu Ghraib became a byword for U.S. torture during the Bush administration as it waged a worldwide war on terrorism following the September 11, 2001 attacks. The prison's worldwide notoriety stems from the leak and publication in 2004 of photos showing U.S. troops torturing and abusing Abu Ghraib detainees, both living and dead, often with smiles on their faces.
A 2004 investigation by U.S. Army Lt. Gen. Anthony Jones and Maj. Gen. George Fay found that CACI employees participated in and encouraged the torture of Abu Ghraib prisoners.
Investigators found that employees of CACI and Titan Corporation (now L3 Technologies) tortured Abu Ghraib detainees and encouraged U.S. troops to do likewise. Dozens of Abu Ghraib detainees died in U.S. custody, some of them as a result of being tortured to death. Abu Ghraib prisoners endured torture ranging from rape and being attacked with dogs to being forced to eat pork and renounce Islam.
A separate U.S. Army report concluded that most Abu Ghraib prisoners were innocent, with the Red Cross estimating that between 70-90% of inmates there were wrongfully detained. These include women who were held as bargaining chips to induce suspected militants to surrender.
Eleven low-ranking U.S. soldiers were convicted and jailed for their roles in Abu Ghraib torture. Brig. Gen. Janis Karpinski, the prison's commanding officer, was demoted. No other high-ranking military officer faced accountability for the abuse. Senior Bush administration officials—who had authorized many of the "enhanced interrogation techniques" used at prisons including Abu Ghraib and Guantánamo Bay—lied about their knowledge of the torture. None of them were ever held accountable.
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'This Is What the US Military Was Doing in Iraq': Photos of 2005 Haditha Massacre Finally Published
"I watched them shoot my grandfather, first in the chest and then in the head. Then they killed my granny," said one survivor who was just 8 years old during the attack by U.S. Marines.
Aug 28, 2024
After years of working with Iraqis whose relatives were killed by U.S. Marines in the 2005 Haditha massacre, American journalists finally obtained and released photos showing the grisly aftermath of the bloody rampage—whose perpetrators never spent a day behind bars.
On Tuesday, The New Yorker published 10 of the massacre photos—part of a collaboration with the "In the Dark" podcast that joined the magazine last year.
The podcast's reporting team had filed its public records request four years ago, then sued the U.S. Navy, Marine Corps, and Central Command over their failure to hand over the images. "In the Dark" host Madeleine Baran also traveled with a colleague to Iraq's remote Anbar Province to meet relatives of some of the 24 Iraqi civilians—who ranged in age from 1 to 76—slaughtered by U.S. troops.
"The impact of an alleged war crime is often directly related to the horror of the images that end up in the hands of the public."
Baran explained that she sought the relatives' help partly because "we anticipated that the government would claim that the release of the photos would harm the surviving family members of the dead," as "military prosecutors had already made this argument after the trial of the final accused Marine."
Khalid Salman Raseef, an attorney who lost 15 members of his family in the massacre, told Baran that "I believe this is our duty to tell the truth."
The graphic photos show dead Iraqi men, women, and children, many of them shot in the head at close range. One 5-year-old girl, Zainab Younis Salim, is shown with the number 11 written on her back in red marker by a U.S. Marine who wanted to differentiate the victims in photos.
On November 19, 2005, a convoy of Humvees carrying Marines of Kilo Company, 3rd Battalion, First Marine Division was traveling through Haditha when a roadside bomb believed to have been placed by Iraqis resisting the U.S. invasion killed Miguel Terrazas, a popular lance corporal, and wounded two other Marines.
In retaliation, Marines forced a nearby taxicab to stop and ordered the driver and his four student passengers out of the vehicle. Sgt. Frank Wuterich then executed the five men in cold blood. Another Marine then desecrated their bodies, including by urinating on them.
Wuterich then ordered his men to "shoot first and ask questions later," and they went house to house killing everyone they saw. They killed seven people in the Walid family home, including a toddler and an elderly couple.
"I watched them shoot my grandfather, first in the chest and then in the head. Then they killed my granny," Iman Walid, a survivor who was 8 years old when her family was slain, told Time in 2006.
Next, the Marines killed eight people in the Salim family home, six of them children. Finally, the troops executed four brothers in a closet in the Ahmad family home.
The Marines subsequently conspired to cover up what a military probe would deem a case of "collateral damage." The military initially claimed that 15 Iraqi civilians were killed by the same explosion that took Terrazas' life. However, a local doctor who examined the victims' bodies said they "were shot in the chest and head from close range."
Eight Marines were eventually charged in connection with the massacre. Six defendants were found not guilty and one had their case dismissed. Initially charged with murder, Wuterich pleaded guilty and was convicted of dereliction of duty. He was punished with a reduction in rank and was later honorably discharged from service.
Marine Corps Gen. James Mattis—who earned his "Mad Dog" moniker during one of the atrocity-laden battles for the Iraqi city of Fallujah in 2004—intervened on behalf of the Haditha defendants and personally dismissed charges against one of them.
Later, while serving as former President Donald Trump's defense secretary, Mattis oversaw an escalation in what he called the U.S. war of "annihilation" against Islamic State in Iraq and Syria. The general warned that "civilian casualties are a fact of life in this sort of situation," and thousands of men, women, and children were subsequently slaughtered as cities including Mosul and Raqqa were leveled.
The Haditha massacre was part of countless U.S. war crimes and atrocities committed during the ongoing so-called War on Terror, which has claimed hundreds of thousands of civilian lives in at least half a dozen countries since 2001. One of the reasons why the Haditha massacre is relatively unknown compared with the torture and killings at the U.S. military prison in Abu Ghraib, Iraq is that photos of the former crime have been kept hidden for decades.
"The impact of an alleged war crime is often directly related to the horror of the images that end up in the hands of the public," Baran wrote in the New Yorker article. She noted that Gen. Michael Hagee, who commanded the Marines at the time of the Haditha massacre, later boasted how "proud" he was about keeping photos of the killings secret.
"This," journalist Murtaza Hussain
reminded the world on Tuesday, "is what the U.S. military was doing in Iraq."
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