"If this is allowed to continue, it sends the wrong message out in the world, also to our own soldiers serving currently in Iraq to fight in the war on terrorism," said retired Lt. Col. Jeff Tice, who served for 21 years in the U.S. Air Force. Tice was shot down in his F-16 fighter over Baghdad on Jan. 19, 1991. "I was captured in a dark cell. There were moments I just tried to survive the next 15 minutes," he said.

His comrade, retired Col. Cliff Acree, who served as a pilot in the Marine Corps, was held in the same prison. "I was for 48 days in Baghdad. I experienced torture, starvation, frequent beatings, I can't tell you how many times," he said. Now, both want the new Iraqi government to pay for the pains they suffered. "We want to hold that nation accountable that tortured us," Acree said.

But the legal situation is rather confusing. The 17 Americans filed a lawsuit against Iraq and Saddam Hussein in 2002. They used the regulations of the Foreign Sovereign Immunities Act from 1996 that gives U.S. nationals the right to hold sponsors of terrorism accountable for injuries and death for torture, hijacking and other acts. In general, national sovereignty protects countries from being sued by foreign individuals, but the FSIA provides an exception of that rule. The U.S. soldiers' suit was filed after Iraq refused to arbitrate as provided by the FSIA.

The U.S. District Court for the District of Columbia entered a default judgment in their favor in July 2003 after the Iraqi government failed to contest the charges and awarded $653 million in compensatory and $306 million in punitive damages. The United States had just occupied Iraq during Operation Iraqi Freedom.

The Justice Department sought to intervene in the case two weeks after the district court ruling, arguing that the April 2003 Emergency Wartime Supplemental Appropriation Act to help rebuild Iraq made the FSIA liability provision inapplicable to Iraq and thus negated jurisdiction by the trial court over the case. The trial court rejected the Justice Department's argument. The government appealed to the U.S. Court of Appeals for the District of Columbia Circuit. A three-judge panel ruled unanimously for the Bush administration and threw out the lawsuit.

The POWs' lawyers are now petitioning the U.S. Supreme Court in Acree vs. Iraq and the United States. In their brief the servicemen argue that the Supreme Court should review and reverse the court of appeals' decision because it would eviscerate the anti-terrorism law designed to punish and deter those who would injure or kill U.S. citizens, including prisoners of war. The Supreme Court will decide whether to review the case in late April.

The veterans have received support from several members of Congress. Sen. George Allen, R-Va., said this case is a question of patriotism and has crucial importance for future missions.

"I don't believe that our own country wants to fight its own brave servicemen," Allen said, avoiding direct criticism of President George W. Bush. "I don't know what he knows or doesn't know about this case."

Allen said he believes that the Iraqi government has enough money to compensate the veterans and called for an immediate solution without charging American taxpayers. "Why the heck should American taxpayers pay for that? Iraq has a lot of resources," he said. "Those who are responsible should be held accountable."

"I have two goals in this case," Acree said. "The first reason is deterrence." He explained that countries that make open use of torture aren't deterred by the loss of international reputation but may respond to the confiscation of assets in foreign countries as compensation for victims.

The second reason for their persistent legal battle, Acree said, was the fight for accountability.

"We want Iraq to be held accountable for what they did to us," he said, adding that a dismissal of the case would amount to a "free ticket" for states that use torture "to do what they want. We should focus on what is going to happen in future. This will happen again, and if we don't take this opportunity, may God help U.S. citizens in future wars."

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