Private military company

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Blackwater Security guarding U.S. State Department employees at the Republican Palace in Baghdad.

A private military company (PMC) provides staff and services of a military nature. The hiring of professional soldiers is a common practice in the history of armed conflict. Historically, these soldiers are commonly known as mercenaries. However, modern-day PMCs prefer to call their active staff security contractors, private military contractors or private security contractors, and prefer to be known themselves as private military corporations, private military firms, private security providers or military service providers. They refer to their business generally as the private military industry, in order to avoid the negative stigma often associated with mercenaries.

The services and expertise cover those typically found in governmental military or police forces, but most often on a smaller scale. While PMCs often provide services to train or supplement official armed forces in service of governments, they can also be employed by private companies to provide bodyguards for key staff or protection of company premises, especially in hostile territories. However, contractors who use offensive force in a war zone could be considered unlawful combatants, thereby referring to the "concept" being implicitly mentioned in the Geneva Conventions and explicitly specified by the US Military Commissions Act.[1]

Private military companies carry out many different missions and jobs. These include things such as supplying bodyguards to the Afghan president Hamid Karzai and piloting reconnaissance airplanes and helicopters as a part of Plan Colombia.[2] [3] They are also licensed by the United States Department of State, they are contracting with foreign governments, training soldiers and reorganizing militaries in Nigeria, Bulgaria, Taiwan, and Equatorial Guinea [4]. The PMC industry is now worth over $100 billion a year.[5]

Contents

[edit] General terms

Private military companies are sometimes grouped into the general category of defense contractors. However, most defense contractors supply specialized hardware and perhaps also personnel to support and service that hardware, whereas PMCs supply personnel with specialized operational and tactical skills, which often include combat experience.

The 1949 Third Geneva Convention (GCIII) does not recognize the difference between defense contractors and PMCs; it defines a category called supply contractors. If the supply contractor has been issued with a valid identity card from the armed forces which they accompany, they are entitled to be treated as prisoners of war upon capture (GCIII Article 4.1.4). If, however, the contractor engages in combat, he/she can be classified as a mercenary by the captors under the 1977 Protocol I Additional to the Geneva Conventions (Protocol I) Article 47.c, unless falling under an exemption to this clause in Article 47. If captured contractors are found to be mercenaries, they are unlawful combatants and lose the right to prisoner of war status. Protocol I was not ratified by the United States because, among other issues, it does not require insurgents to obey the convention in order to be granted its protections.

There are efforts by the nations and the industry itself to better regulate the duties of contracting states and the rights of the companies and their workforce. For example, there is an initiative by the Red Cross, the non-binding Montreux Document, and the International Peace Operations Association (IPOA) code of conduct.

[edit] United States

The United States State Department employs several companies to provide support in danger zones that would be difficult for conventional U.S. forces. The military employs many of them as guards to high ranking U.S. government officials in high risk areas all around the world. The term most often refers to the two dozen U.S. firms that provide services for the Pentagon and indirectly assist in overseas theaters of operation. Some contractors have served in advisory roles that help train local militaries to fight more than effectively instead of intervening directly. Much of the peacekeeper training the United States provides to African militaries is done by private firms, and with the increasing absence of Western military support to international peace operations, the private sector is commonly utilized to provide services to peace and stability operations from Haiti to Darfur.

The Center for Public Integrity reported that since 1994, the Defense Department entered into 3,601 contracts worth $300 billion with 12 U.S. based PMCs. Some view this as an inevitable cost cutting measure and responsible privatization of critical aspects of a military. However, many[who?] feel this is a troubling trend, since these private companies are not directly accountable to a legislative body and may cost more than providing the same functions within the military. Seventeen of the nation's leading private military firms have contributed $12.4 million in congressional and presidential campaigns since 1999.[5]

Another issue of concern has been the recent high-profile operation of various PMCs within the United States, specifically during the initial response after Hurricane Katrina in New Orleans. Supporters[who?] are quick to point out the stabilizing influence that the operators of these companies put into place in the first few days provided, whereas detractors have levied claims of abuse and unlawful activities. Neither side has provided much proof to back their claims, however, beyond anecdotal evidence.[citation needed]

Domestic operations are generally under the auspice of state or federal agencies such as the Department of Energy or the Department of Homeland Security rather than the Department of Defense. Driven by increasingly greater fears of domestic terror attacks and civil unrest and disruption in the wake of disasters, more conventional security companies are moving into operations arenas that would fall within the definition of a PMC.

[edit] U.S. administration policy on PMCs

On December 5, 2005, U.S. Secretary of Defense Donald Rumsfeld held a lecture dubbed "The Future of Iraq" at Johns Hopkins Paul H. Nitze School of Advanced International Studies.[6] During a Q&A session afterwards he was asked a question by graduate student Kate Turner regarding PMCs:

Turner: "There are currently thousands of private military contractors in Iraq and you were just speaking of rules of engagement in regards to Iraqi personnel and US personnel. Could you speak to, since the private contractors are operating outside the Uniform Code of Military Justice, can you speak to what law or rules of engagement do govern their behavior and whether there has been any study showing that it is cost effective to have them in Iraq rather than US military personnel. Thank you."

Rumsfeld: "Thank you. It is clearly cost-effective to have contractors for a variety of things that military people need not do, and that for whatever reason other civilians, government people, cannot be deployed to do. There are a lot of contractors, a growing number. They come from our country but they come from all countries, and indeed sometimes the contracts are from our country or another country and they employ people from totally different countries including Iraqis and people from neighboring nations. And there are a lot of them. It's a growing number. Of course we've got to begin with the fact that, as you point out, they're not subject to the Uniform Code of Military Justice. We understand that. There are laws that govern the behavior of Americans in that country. The Department of Justice oversees that. There is an issue that is current as to the extent to which they can or cannot carry weapons, and that's an issue. It's also an issue, of course, with the Iraqis. But if you think about it, Iraq’s a sovereign country. They have their laws and they're going to govern, the UN resolution and the Iraqi laws, as well as U.S. procedures and laws govern behavior in that country depending on who the individual is and what he's doing. But I personally am of the view that there are a lot of things that can be done for a short time basis by contractors that advantage the United States and advantage other countries who also hire contractors, and that any idea that we shouldn't have them I think would be unwise."[7]

[edit] Application of UCMJ to PMCs

The FY2007 Defense Budget appropriation bill, amended the UCMJ to allow for prosecution of military contractors who are deployed in a "declared war or a contingency operation."

"SEC. 552. CLARIFICATION OF APPLICATION OF UNIFORM CODE OF MILITARY JUSTICE DURING A TIME OF WAR. Paragraph (10) of section 802(a) of title 10, United States Code (article 2(a) of the Uniform Code of Military Justice), is amended by striking 'war' and inserting 'declared war or a contingency operation'." [8][9]

Farah Stockman of the Boston Globe, (7 January 2007) wrote:

"Previously, the code applied to 'persons serving with or accompanying an armed force in the field' only during a war, which US courts interpreted to mean a war declared by Congress. No such declaration was made in the Iraq conflict. Now, Congress has amended the code to apply to persons accompanying an armed force during a 'declared war or contingency operation.' But the provision might also have unintended consequences, if the military chooses to use its new power to court-martial civilians. For instance, the language in the law is so broad that it can be interpreted as saying that embedded journalists and contract employees from foreign countries would also be liable under the military code. Other punishable offenses under the code include disobeying an order, disrespecting an officer, and possession of pornography in a combat zone."[10]

[edit] Recruitment

Discharged military personnel make up the majority of Western contractors. The boom of the private security industry that took place in the 1990s can be traced back to the over 6 million military personnel that were discharged in that decade. Post Cold War military reduction has also expanded the recruiting pool for PMCs. In some cases, entire elite units, such as the South African 32nd Reconnaissance Battalion and the former Soviet “Alfa” unit have been reorganized into private military companies.[11]

Some commentators have argued that there has been a recent exodus from many special operations forces across the globe towards these private military corporations. Units that have allegedly been severely affected include The British Special Air Service,[12][13] the US Special Operations Forces [14] and the Canadian Joint Task Force 2[15]. Finding work in the industry is not difficult for most former soldiers as their personal network of fellow and ex-soldiers is enough to keep them informed of available contracts.

[edit] PMC activities in Iraq

In December, 2006, in Iraq there are thought to be at least 100,000 contractors working directly for the United States Department of Defense which is a tenfold increase in the use of private contractors for military operations since the Persian Gulf War, just over a decade earlier.[16] The prevalence of PMCs has led to the foundation of trade group the Private Security Company Association of Iraq. In Iraq, the issue of accountability, especially in the case of contractors carrying weapons is a sensitive one. Iraqi laws do not hold over contractors. Just before leaving office as head of the Coalition Provisional Authority, Paul Bremer signed Coalition Provisional Authority Order 17 where it is stated that:

Contractors shall not be subject to Iraqi laws or regulations in matters relating to the terms and conditions of their Contracts, including licensing and registering employees, businesses and corporations; provided, however, that Contractors shall comply with such applicable licensing and registration laws and regulations if engaging in business or transactions in Iraq other than Contracts. Notwithstanding any provisions in this Order, Private Security Companies and their employees operating in Iraq must comply with all CPA Orders, Regulations, Memoranda, and any implementing instructions or regulations governing the existence and activities of Private Security Companies in Iraq, including registration and licensing of weapons and firearms.[17]

PMCs supply support to U.S. military bases throughout the Persian Gulf, from operating mess halls to providing security. They supply armed guards at a U.S. Army base in Qatar, and they use live ammunition to train soldiers at Camp Doha in Kuwait. They maintain an array of weapons systems vital to an invasion of Iraq. They also provide bodyguards for VIPs, guard installations, and escort supply convoys from Kuwait. All these resources are called upon constantly due to the war in Iraq.[5]

[edit] Events involving PMCs in Iraq

[edit] Legal position

Two days before he left Iraq, L. Paul Bremer signed "Order 17"[23] giving all Americans associated with the CPA and the American government immunity from Iraqi law.[24] A July 2007 report from the American Congressional Research Service indicates that the Iraqi government still had no authority over private security firms contracted by the U.S. government.[25]

The new status-of-forces agreement makes it clear that Contractors are under the jurisdiction of Iraqi law.

[edit] Plans for the future

After the withdrawal of US troops from Iraq the US State Department is reportedly planning to more than double the number of its private security guards, up to as many as 7,000. Defending five fortified compounds across the country, the security contractors would operate radars to warn of enemy rocket attacks, search for roadside bombs, fly reconnaissance drones and even staff quick reaction forces to aid civilians in distress. The State Department plans to acquire 60 mine-resistant, ambush-protected vehicles (MRAPs) from the US military to expand its inventory of armored cars to 1,320 and to create a mini-air fleet by buying three planes to add to its lone aircraft. Its helicopter fleet, which will be piloted by contractors, will grow to 29 from 17. [26]

[edit] PMC activities elsewhere

[edit] NGOs and Private Security Contractors

NGOs' rare use of private security contractors in dangerous regions is highly sensitive subject[36]. While rare, many NGOs have sought the services of private security contractors in dangerous areas of operation, such as Afghanistan, Somalia and Sudan due to the following reasons[36]:

Quite often the contractors hired are local companies and mostly are unable personnel guarding facilities, only very rarely are international contractors used or mobile armed security personnel[36].

Contracted security services used by humanitarians  % of organizations contracting from international PSPs  % organizations contracting from local PSPs
Unarmed guards for facilities/residences/project sites 29% 77%
Physical security for premises 31% 55%
Security management consulting 37% 9%
Security training for staff 41% 4%
Risk assessment/threat analysis 36% 7%
Information services 26% 12%
Armed guards for facilities/residences/project sites 17% 14%
Standby security 13% 16%
Mobile escorts (armed) 9% 13%

However, there are a great many voices against their use who cite the following problems[36]:

personnel who turn over frequently and cannot adequately perform the job; and

responsibility to prevent and mitigate any possible negative outcomes is better achieved through in-house security, this should be their choice. The result is that many NGOs are not open about their use of PSPs and researchers' at the Overseas Development Institute studies have found that sometimes statements at NGOs central headquarters contradict those given by local staff[36]. This prevents informative knowledge-sharing and debate on the subject needed to improve NGOs decisions regarding this issue, though there have been some notable exceptions (Afghanistan NGO Security Office (ANSO) and the NGO Coordination Committee in Iraq (NCCI))[36].

[edit] List of PMCs

[edit] U.S. companies

Name HQ Portfolio Notes
AirScan Titusville, FL US Department of Defense, US Air Force, NASA, US Forest Service, National Test Pilot School, National Response Corporation, US Department of the Interior, Bureau of Land Reclamation, Maximum Protective Services, ECOPETROL: the national oil company of Colombia, Occidental Petroleum Corporation, Cabinda Gulf Oil Company (Angola), SONANGOL: national oil company of Angola Provides airborne surveillance and security
Custer Battles McLean, VA Iraq and oil sector (at present, have ceased operations in Iraq) defunct?
Defion Internacional Peru company
DynCorp Falls Church, VA Iraq, Afghanistain
ITT Corporation White Plains, NY Kosovo
KBR Houston, TX Formerly a Division of Halliburton
MPRI, Inc. Alexandria, VA
MTCSC, Inc. Chula Vista, CA Department of Defense, Marine Corps Systems Command, Marine Corps Intelligence Agency, SPAWAR, NAVSEA Warfare Centers, DISA, National Security Agency Provides flexible engineering and systems integration services.
MVM, Inc. Vienna, VA CIA and NSA contractor
Northbridge Services Group Turkmenistan, Somalia, Nigeria Dominican Republic, offices in United Kingdom & Ukraine
Northrop Grumman Los Angeles, CA
Raytheon Cambridge, MA
Triple Canopy, Inc. Herndon, VA South America, Iraq
Sharp End International Mainly uses Australian and New Zealand ex-special forces instructors
Titan Corporation San Diego, CA
Vinnell Corporation Fairfax, VA Turkey, Saudi Arabia
Xe Services LLC Moyock, NC Iraq & Afghanistan Formerly Blackwater Worldwide
Pathfinder Security Services Casper, WY Oil, gas and mining sector; mainly in the US
IANO Group Inc New Jersey Consulting, Electronics, R & D

[edit] U.K. companies

Name HQ Portfolio Notes
Aegis Defence Services Iraq, Afghanistan, and others
Control Risks Group Provider of security and armed guards for British Embassies and Consulates
Erinys International Joint South Africa-Britain company
OAM Australia
Sandline International Ceased operations on April 16, 2004
International Intelligence Limited Specialist contracts

[edit] Others

[edit] See also

[edit] Resources

[edit] Academic publications

[edit] Non-academic publications

[edit] References

  1. ^ Barnes, Julian E.. (2007-10-15). "America's own unlawful combatants?". Los Angeles Times. http://www.latimes.com/news/printedition/front/la-na-blackwater15oct15,1,6804674,full.story?coll=la-headlines-frontpage&ctrack=2&cset=true. 
  2. ^ Vieira, Constanza (2007-07-17). "COLOMBIA-ECUADOR: Coca Spraying Makes for Toxic Relations". IPS. http://www.ipsnews.net/news.asp?idnews=38576. 
  3. ^ a b Private Security Transnational Enterprises in Colombia José Alvear Restrepo Lawyers' Collective February, 2008.
  4. ^ Shishkov, Viktor (2009-03-02). "Private military companies to supersede regular armies". informationliberation. http://www.informationliberation.com/?id=26599. 
  5. ^ a b c Yeoman, Barry (2003-06-01). "Soldiers of Good Fortune". Mother Jones. http://www.motherjones.com/news/feature/2003/05/ma_365_01.html. Retrieved 2007-05-08. 
  6. ^ Secretary of Defense Donald Rumsfeld to Speak at JHU SAIS, press release December 2, 2005
  7. ^ Secretary Rumsfeld's Remarks to the John Hopkins, Paul H. Nitze School of Advanced International Studies
  8. ^ Bill Number H.R.5122 for the 109th Congress
  9. ^ H.R. 5122 109th: John Warner National Defense Authorization Act for Fiscal Year 2007
  10. ^ Farah Stockman (01-07-2007). "Contractors in war zones lose immunity". The Boston Globe. http://www.boston.com/news/world/middleeast/articles/2007/01/07/contractors_in_war_zones_lose_immunity/. 
  11. ^ Zabiki, Feliz "Private Military Companies: Shadow Soldiers of Neo-colonialism", Capital & Class, Summer 2007, issue 92 p1-10, Retrieved on 2010-3-22.
  12. ^ Crisis as SAS men quit for lucrative Iraq jobs, The Daily Telegraph article dated 15/02/2005
  13. ^ Soldiers to be allowed a year off to go to Iraq to earn £500 a day as guards, The Daily Telegraph article dated 23/05/2004
  14. ^ $150,000 incentive to stay in US elite forces, The Daily Telegraph article dated 07/02/2005
  15. ^ Special forces get pay raise, National Post article dated August 26, 2006
  16. ^ Merle, Renae (2006-12-05). "Census Counts 100,000 Contractors in Iraq". Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2006/12/04/AR2006120401311.html. 
  17. ^ "Coalition Provisional Authority Order 17 (revised)" (PDF). http://www.cpa-iraq.org/regulations/20040627_CPAORD_17_Status_of_Coalition__Rev__with_Annex_A.pdf. Retrieved 2008-12-30. 
  18. ^ a b P. W. Singer (March/April 2005) Outsourcing War. Foreign Affairs. Council on Foreign Relations. New York City, NY
  19. ^ A movieclip containing the behavior of alleged Aegis Defence Services driving in Iraq
  20. ^ 'Trophy' video exposes private security contractors shooting up Iraqi drivers, Daily Telegraph article from 26/11/2005.
  21. ^ Discussion on a blog about Aegis trophy video
  22. ^ Blackwater license being revoked in Iraq
  23. ^ http://www.cpa-iraq.org/regulations/20040627_CPAORD_17_Status_of_Coalition__Rev__with_Annex_A.pdf
  24. ^ Hirch, Michael (2007-09-20). "Blackwater and the Bush Legacy". Newsweek: p. 2. http://www.msnbc.msn.com/id/20892483/site/newsweek/. Retrieved 2007-09-23. 
  25. ^ "Blackwater staff face charges". CNN.com. 2007-09-23. http://edition.cnn.com/2007/WORLD/meast/09/23/blackwater.probe/index.html. Retrieved 2007-09-23. 
  26. ^ MICHAEL R. GORDON (August 18, 2010). "Civilians to Take U.S. Lead as Military Leaves Iraq". The New York Times. http://www.nytimes.com/2010/08/19/world/middleeast/19withdrawal.html?_r=1&ref=private_military_companies. Retrieved 2 September 2010. 
  27. ^ "SL:SoF Synopsis". Foreign Correspondent (ABC Television). http://www.abc.net.au/foreign/s220036.htm. 
  28. ^ "Sierra Leone: Soldiers of Fortune, Script". Foreign Correspondent (ABC Television). http://www.abc.net.au/foreign/stories/s433773.htm. 
  29. ^ U.S. firm offers 'private armies' for low-intensity conflicts, WorldTribune article from March 29, 2006
  30. ^ Congo Holding 3 Americans in Alleged Coup Plot, Washington Post article from May 25, 2006
  31. ^ Congo Deports Nearly 3 Dozen Foreigners, Washington Post article from May 29, 2006.
  32. ^ "Projected contractor surge in Afghanistan: Up to 56,000"
  33. ^ "Up to 56,000 more contractors likely for Afghanistan, congressional agency says"
  34. ^ "Projected contractor surge in Afghanistan: Up to 56,000"
  35. ^ "Congress investigating charges of 'protection racket' by Afghanistan contractors"
  36. ^ a b c d e f Abby Stoddard, Adele Harmer and Victoria DiDomenico (2009) Private security providers and services in humanitarian operations Overseas Development Institute

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