U.S. top court hears case on Americans held in Iraq

By James Vicini

WASHINGTON (Reuters) - U.S. Supreme Court justices questioned on Tuesday whether federal judges in the United States can block U.S. military officials in Iraq from turning over Americans to Iraqi authorities for trial or punishment.

Several justices appeared concerned about extending the reach of U.S. courts to Iraq in a case that could significantly affect the legal rights of American civilians who have been captured during the Iraq war.

Bush administration lawyer Gregory Garre argued U.S. courts lack the authority to intervene in the cases of the two Americans, who are being held by U.S. soldiers at Camp Cropper near Baghdad International Airport.

Mohammad Munaf, an Iraqi-American with dual citizenship, was convicted in Iraq and sentenced to death for his suspected role in the 2005 kidnapping of three Romanian journalists. His conviction was later overturned by an Iraqi court and his case sent back for further investigation.

The other case involved Shawqi Omar, an American-Jordanian citizen who is accused of being a senior associate of the late insurgent leader Abu Musab al-Zarqawi.

Lawyers for the two men say they might be tortured or even killed if they are transferred to Iraqi custody.

The United States has about 158,000 troops in Iraq after it led an invasion five years ago. The number of U.S. military personnel killed in Iraq passed 4,000 earlier this week.

Garre argued the two men are being held under the auspices of multinational forces in Iraq, of which the U.S. contingent is only a part.