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Private military companies supply bodyguards for the Afghani president, build detention camps at Guantanamo Bay , and pilot armed reconnaissance planes and helicopter gunships to destroy Coca crops in Colombia . They operate the intelligence and communications systems at the United States Northern Command in Colorado , which is responsible for coordinating a response to any attack on the United States. And licensed by the State Department, they are contracting with foreign governments, training soldiers and reorganizing militaries in Nigeria, Bulgaria, Taiwan, and Equatorial Guinea. The push to privatize such operations may have became prevalent during the administration of George H. W. Bush . It has resulted in PMCs becoming an over $100 billion a year industry.1 GENERAL TERMS PMCs are also known as ''security contractors'', although this term usually refers to individuals employed or contracted by PMCs. Services are mainly rendered for other business corporations, international and non-governmental organizations, and state forces. Private military companies are sometimes grouped into the general category of Defense Contractor s. 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 1997 ''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 Combatant s 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 "freedom Fighters" to obey the convention in order to be granted its protections. 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 extremely high ranking U.S. government officials in hot spots 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 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 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. 17 of the nation's leading private military firms have contributed $12.4 million in congressional and presidential campaigns since 1999.2 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 are quick to point out the stabilizing influence that the operators 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. 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. U.S. administration policy on PMCs On 5 December 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 . Secretary of Defense Donald Rumsfeld to Speak at JHU SAIS , press release December 2, 2005 During a Q&A session afterwards he was asked a question by graduate student Kate Bateman regarding PMCs. Bateman: "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 , could you speak to what law or rules of engagement do govern their behaviour 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 civilian 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 neighbouring nations. And there are a lot of them and it's a growing number. And 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 behaviour of Americans in that country - the Department Of Justice oversees that. The hesitation 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 is a sovereign country, they have their laws and they're going to govern. The UN resolution and the Iraqi laws, as well as US procedures and laws, govern behaviour in that country depending on who the individual is and what he's doing, but I'm personally of the view that there are a lot of things that can be done on a short time basis by contractors that advantage the United States, and advantage other countries who also hire contractors. Any idea that we shouldn't have them I think would be unwise." Just four months later on 10 April 2006 , the President of the United States, George W. Bush, gave a speech at the Johns Hopkins School of Advanced International Studies (SAIS). A similar question, about the control and legality of the force used by PMCs working on behalf of the United States in Iraq, was posed to the Commander in Chief of the United States. The exchange illustrates the understanding of these forces, then numbering some 120,000 in Iraq, on the part of the Commander of those forces. Bateman: Thank you, Mr. President. It's an honor to have you here…My question is in regards to private military contractors. The Uniformed Code of Military Justice does not apply to these contractors in Iraq. I asked your Secretary of Defense a couple months ago what law governs their actions. PRESIDENT: I was going to ask him. Go ahead. (Laughter.) Help. (Laughter.) Bateman: I was hoping your answer might be a little more specific.(Laughter.) Mr. Rumsfeld answered that Iraq has its own domestic laws which he assumed applied to those private military contractors. However, Iraq is clearly not currently capable of enforcing its laws, much less against -- over our American military contractors…Mr. President, how do you propose to bring private military contractors under a system of law? PRESIDENT: I appreciate that very much. I wasn't kidding --(laughter.) I was going to -- I pick up the phone and say, Mr.Secretary, I've got an interesting question. (Laughter.) This is what delegation -- I don't mean to be dodging the question, although it's kind of convenient in this case, but never -- (laughter.) I really will -- I'm going to call the Secretary and say you brought up a very valid question, and what are we doing about it? That's how I work. I'm -- thanks. (Laughter.)" New U.S. law on PMCs According to the FY2007 Defense Budget Appropriation Bill , the text of the UCMJ has been amended 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. Farah Stockman of the ''Boston Globe'', (7 Jan 2007) writes: "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."3 THE INTERNATIONAL PEACE OPERATIONS ASSOCIATION The , Pacific Architects And Engineers , Hart Security and MPRI . The IPOA was founded by former academic Doug Brooks in April 2001 and now has its own in-house journal, ''The Journal of International Peace Operations''. Journal of International Peace Operations RECRUITMENT In light of the above issues, some commentators have argued that there has been a recent exodus from many article dated August 26, 2006 have allegedly been hit particularly hard. Military staff are lured by the fact that entry level positions with the various companies can pay up to US$100,000 a year in some instances, or as high as US$1000 a day (most are deployed for a year and a half), which is 2-3 times more than what an average special forces soldier is paid. However, this conventional wisdom has been disputed especially in the United States where Government Accountability Office (GAO) research has detected no noticeable exodus. PMC ACTIVITIES IN IRAQ Currently 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.4 The prevelance 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 PMCs supply essential 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, including the B-2 bomber, F-117 stealth fighter, Apache helicopter, KC-10 refueling tanker, U-2 reconnaissance plane, and the unmanned Global Hawk reconnaissance unit. 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 .6 Events involving PMCs in Iraq
Alleged war crimes in Iraq Private US military contractors have been accused of having been involved in committing war crimes such as the deaths of Iraqis during interrogation. There is no method of formally trying such people for war crimes. Iraq: U.S. Prisoner Abuse Sparks Concerns Over War Crimes , May 2, 2004 PMC ACTIVITIES ELSEWHERE
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