Académique Documents
Professionnel Documents
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Corporate Mercenaries
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Executive summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Note on terminology
Corporate mercenaries are known by a variety of terms — private military companies, private security companies, military
contractors or simply mercenaries.We have chosen to use the term private military and security companies (PMSCs) in this
report, primarily in order to express the essential continuity between the military and security services provided by the
companies in question. The same formulation is increasingly being used by the United Nations1 and by UK government officials,
and is fast becoming the standard terminology.
Preface
War is one of the chief causes of poverty.War can completely complements War on Want s longstanding support for our
undermine a country s development prospects, destroying partners in conflict zones: some of the world s bravest men and
schools and hospitals and putting agricultural land out of use for women, on the front line in the struggle for human rights.
years to come. Fully 80% of the world s 20 poorest countries
have suffered a major war in the past 15 years, and the human The following pages examine the rapid expansion of private
legacy continues long after. Nine of the 10 countries with the military and security companies (PMSCs), particularly as a result
world s highest child mortality rates have suffered from conflict of the occupation of Iraq. As well as providing information on
in recent years.2 the activities of these companies, the report urges all readers to
call on the UK government to introduce legislation as a matter
Yet not everyone is made poorer by war. Many companies of urgency in order to bring PMSCs under democratic control.
thrive off conflict, whether through supplying military hardware More than four years have passed since the government
to armed forces or running mercenary armies on behalf of produced its Green Paper highlighting the challenge posed by
combatant states. Others fuel conflict through their operations PMSCs, and yet there has been no move to regulate their
in war zones, such as oil companies in volatile countries like operations. Mercenaries must not be allowed to threaten peace
Colombia and Iraq, or through their continued trade in goods and security around the world in the name of corporate profit.
such as blood diamonds. Others profit from financing the war
effort.
Private Military and Security Companies (PMSCs) sell security that It is believed that some major Western countries, like the
and military services at home and overseas. Over the last 10 UK and US, would now struggle to wage war without PMSC
years these companies have moved from the periphery of partners.
international politics into the corporate boardroom, becoming a
normal part of the military sector. In a conflict environment like Iraq, the distinction between
combat and combat support breaks down. There is often no
The PMSC industry comprises hundreds of companies perceptible difference between regular soldiers and their private
operating in more than 50 countries worldwide, and working support workers involved in protecting convoys or materials.
for governments, international institutions and corporations. The potential for human rights abuses in such situations in an
They provide combat support, including training and intelligence ever-present threat, and it is nearly impossible to hold PMSC
provision, operational support, strategic planning and employees to account for their actions.
consultancy, technical assistance, post-conflict reconstruction
and a wide range of security provision. In the UK, there is no legislation regulating PMSCs or their
activities. The UK Government demonstrated that it was
PMSCs have grown exponentially in recent years due to the acutely aware of many of the problems posed by PMSCs when
occupation of Iraq. Iraqi contracts boosted the annual revenue it published its Green Paper in 2002, which expressed a general
of British PMSCs alone from £320 million in 2003 to more than preference towards some type of licensing scheme established
£1.8 billion in 2004. One recent reports estimates that there along the same lines as exist for exports of arms. But the
are 48,000 mercenaries in Iraq. Income for the industry Green Paper was produced before the war in Iraq. Since that
reached $100 billion in 2004. time the PMSC industry has boomed, while associated abuses
have likewise proliferated. Regulation is now long overdue.
Behind the rise of PMSCs lie changes in political, economic and
social structures over the last 30 years, and the public War on Want believes that the UK government must move
perception of wars that accompanied these changes. PMSCs towards legislation to control the PMSC sector as an urgent
enable governments to cover their tracks and evade priority. Legislation must outlaw PMSC involvement in all forms
accountability; they are usually not accountable to government of direct combat and combat support, understood in their
or the public and so allow governments to get round legal widest possible senses. Self-regulation by the industry is not an
obstacles. PMSCs have become so much a part of war efforts option.
In March 2004, four American guards were attacked and killed UN arms embargo by delivering weapons to the government in
in the Iraqi town of Fallujah. Their charred bodies were beaten Sierra Leone in the 1998 Arms to Africa scandal. Spicer
and dragged through the streets in front of television cameras, claimed both the knowledge and approval of the UK
and two of the corpses were hung from a bridge over the river government.7
Euphrates.
This report examines who these corporations are, what they
The following month, eight commandos engaged in an intense do, how they rose so quickly to prominence, and most
firefight with Iraqi militia during an attack on the US importantly, how democratic societies should deal with this new
government headquarters in Najaf, calling in their own element of warfare.
helicopter support to supply more ammunition and take away
the wounded until reinforcements arrived.
1.1 From ignoble beginnings…
In April 2005, six American soldiers were killed when their The concept of the mercenary is as old as that of the state.
Mi-8 helicopter was shot down by a rocket-propelled grenade Today, however, mercenaries are not just individual soldiers of
north of Baghdad. fortune. They are corporations, providing a range of services
above and beyond what the traditional mercenary could offer.
In November of that year, a trophy video was published on the
internet showing soldiers randomly shooting civilian cars from In the 20th century mercenaries were regularly involved in
out of the back of their vehicle on the road to Baghdad airport. conflicts, especially across Africa, propping up illegitimate
regimes, denying self-determination to indigenous peoples and
What makes the above instances special is that none of the actively participating in human rights abuses. Amongst the most
soldiers were military personnel. All were mercenaries and all famous was Mike Hoare, who attempted a coup in the Congo in
were working for private companies, seemingly operating the early 1960s and a later one in the Seychelles. More recently,
beyond the reach of the law. Simon Mann was imprisoned in Zimbabwe in September 2004
for attempting to buy weapons to lead a military coup in
Private military and security companies (PMSCs) now constitute Equatorial Guinea. Sir Mark Thatcher pleaded guilty to
the second largest occupying force in Iraq behind the US negligence for helping to finance a helicopter to be used in the
military. Although no one knows exactly how many of these attempt, receiving a four-year suspended sentence and a
mercenaries are active in Iraq, most estimates have settled on a £265,000 fine under South Africa s anti-mercenary legislation.8
minimum figure of 20,000.3 The US Government Accountability
Office, however, in its June 2006 report to Congress, cited a The use of mercenaries increased following the end of the Cold
newer calculation from the Private Security Company War, as did their involvement in human rights abuses.9 But
Association of Iraq (whose membership includes many of the recent years have seen a new evolution in privatised warfare in
PMSCs featured in this report) that there are actually more the shape of PMSCs selling their services at home and overseas.
than 48,000 PMSC employees working for 181 different
companies in the country.4
Today, the PMSC industry comprises hundreds of companies Iraqi contracts boosted the annual revenue of British PMSCs
operating in more than 50 countries worldwide and working alone from £320 million in 2003 to more than £1.8 billion in
for governments, international institutions and corporations. 2004, according to David Claridge, director of London-based
They provide a wider array of services than traditional PMSC Janusian.10 Aegis s turnover increased from £554,000 in
mercenaries, and employ better public relations machines. They 2003 to £62 million in 2005, three quarters of which was due
are involved in direct combat, operational support, the provision to its work in Iraq.11 According to one US official, Each private
of security, intelligence gathering, training, technical assistance firm amounts to an individual battalion. Now they are all coming
and post-conflict reconstruction. together to build the largest security organization in the
world. 12
PMSCs also encompass a wide variety of legal structures:
private companies, companies listed on the stock market, and ArmorGroup estimated that the international market for
subsidiaries of much larger entities. Over the last 10 years these protective security services alone was worth around US$900
companies have moved from the periphery of international million in 2003 (US$300 million in Iraq), rising to an estimated
politics into the corporate boardroom, and are now seeking to US$1.7 billion by August 2004 (US$900 million in Iraq).13
become a respectable part of the military sector. Industry officials have estimated that the figure will continue to
rise as US and UK forces withdraw.14 Other experts have
suggested that combined revenues for all PMSCs across the
1.2 …to multi-billion dollar industry world, broadly defined, could already be close to US$100
PMSCs came to prominence during the period of Yugoslavia s billion.15
collapse, when Western governments were unwilling to
intervene directly in the conflict but retained an interest in its
1.3 Direct and indirect combat services
outcome. In the former Soviet Union, the war in Chechnya has
seen a plethora of PMSCs emerge. The real breakthrough for PMSCs have a history of direct engagement in combat
Western governments has been Iraq, however, which is the first operations.18 In 1995, now-defunct Executive Outcomes
conflict fought using PMSCs on a major scale. employed a battalion-sized force of infantry, supported by
combat helicopters and light artillery, in order to regain control
Blackwater (USA)
Military Professional Resources Inc. (USA)
www.blackwaterusa.com
www.mpri.com.
Blackwater was founded by multi-millionaire Erik Prince41 in
Founded in 1987 by retired US military officers, MPRI has
North Carolina in 1997. Gary Jackson, its president and a
3,000 employees and reputedly more high-ranking military
former US navy SEAL, has declared that he would like to have
officers per square metre than the Pentagon. It is part of
the largest, most professional private army in the world ,42
mega-corporation L-3 Communications, whose government
and other Blackwater officials have spoken of a brigade-sized
services companies (of which MPRI is one) brought in
armed force ready to be deployed in stability missions.43 In
revenues of US$2 billion in 2005. MPRI provided tactical
Iraq, the company guards officials and installations and trains
training to the Kosovo Liberation Army in the weeks before
Iraq s new army and police forces. It provided security guards
the NATO bombing campaign,50 while its collaboration with
and helicopters for Coalition Provisional Authority (CPA)
the Colombian military has been widely questioned.51 A range
head Paul Bremer and the then US Ambassador to Iraq John
of programmes continue in Africa, former Soviet states, Asia
Negroponte, under a contract worth US$21 million.44 Since
and the Middle East.52
June 2004 the Bush administration has paid Blackwater over
US$320 million to provide diplomatic security overseas.45
Blackwater has also won contracts to combat opium
Vinnell Corporation (USA)
cultivation in Afghanistan and to support a maritime
www.vinnell.com
commando force in Azerbaijan.46
Vinnell is a ground-breaking PMSC that was directly involved in
US military and intelligence operations in South-East Asia
from 1965 to 1975. At the height of the Vietnam War it had
DynCorp International LLC (USA)
more than 5,000 employees in Vietnam, and later trained Saudi
www.dyn-intl.com.
forces to protect oil fields.53 It was described by a Pentagon
DynCorp is owned by Veritas Capital, a private equity
official as our own little mercenary army in Vietnam...We
investment firm, and employs 25,000 employees.47 It won a
used them to do things we either didn t have the manpower
US$50 million contract to send 1,000 ex-police officers and
to do ourselves, or because of legal problems. 54 Now a
security guards to Iraq to train the new police force there. Its
subsidiary of Northrop Grumman,Vinnell has been awarded a
revenue was just under US$2 billion in 2006, and it provides a
US$48 million contract to train the nucleus of a new Iraqi
broad range of military services including building camps,
army,55 while Northrop itself has been involved in counter-
protecting borders and protecting Afghan president Hamid
narcotics missions in Colombia.56
Karzai, in which role the company has acquired a reputation
PMSCs have grown to become a central component of US and politically sensitive conflicts without the repercussions
UK military activity. They are now multi-million dollar associated with committing their own troops.91
enterprises, and the market is still growing. This chapter will
examine the causes of that growth, focusing in particular on the The use of PMSCs also enables governments to cover their
desire of governments to maintain their global reach while tracks and evade accountability. Evidence which may otherwise
evading accountability from a general public increasingly be made available to the public under freedom of information
unwilling to pay the costs of war. legislation is impossible to obtain from private contractors.92
When campaign group Corporate Watch asked a US
government official why the United States had awarded a
2.1 Plausible deniability and war by contract to DynCorp to support the rebel Sudanese People s
proxy Liberation Movement in their negotiations, he replied: The
answer is simple.We are not allowed to fund a political party or
Private military corporations become a way to distance themselves
agenda under United States law, so by using private contractors,
and create what we used to call ‘plausible deniability’... It’s disastrous
we can get around those provisions. Think of this as
for democracy.”
somewhere between a covert program run by the CIA and an
Daniel Nelson, former professor of civil-military relations at the US
overt program run by the United States Agency for
Defense Department’s Marshall European Center for Security
International Development. It is a way to avoid oversight by
Studies
Congress. 93
During the Cold War, the USA and USSR waged wars in the
PMSCs also allow governments to circumvent legal obstacles. In
developing world using proxy states. Today, PMSCs can fulfil a
1991, for example, a UN arms embargo prohibited the sale of
similar function for states wishing to intervene vicariously in
weapons to, or training of, any warring party in the former
foreign conflicts, while also obscuring governmental respon-
Yugoslavia. But a Croatian contract with MPRI effectively
sibility in breaches of international laws and standards. PMSCs
allowed the USA to circumvent the embargo. MPRI training
provide expanded capacity for states to become involved in
The increased involvement of PMSCs in conflict zones raises complicated by the extent of subcontracting between PMSCs
numerous concerns, ranging from inherent problems of and the fact that many PMSC staff are actually freelance
transparency and accountability to the distaste with which many consultants.120 Where oversight is impossible, self-regulation is
people regard corporations that profit from war. In addition, ignored. In an academic study of 60 contracts in Iraq, not a
many PMSCs have already been embroiled in numerous scandals single one contained provisions requiring contractors to abide
of human rights abuse and illegality, some of which are outlined by human rights or corruption norms.121
below. Increased use of corporate mercenaries may mean that
these instances represent only the tip of the iceberg. Some PMSCs claim to operate a chain of command with
military procedures that conform to the laws of war.122
However, PMSCs have no parallel to the legal structures of
3.1 Accountability and immunity national armies, which include a court martial system. In the
PMSC employees may be liable for their actions under Abu Ghraib case, the US military has prosecuted several of the
international humanitarian or human rights law.116 Bringing a regular soldiers involved, but PMSC employees have escaped.
case against them, however, especially in a state where laws may
be weak and ineffective, is a remote possibility. And the National armed forces in democratic countries are accountable
difficulties are often compounded in conflict situations. In its through both the political and the legal processes. In the UK,
2006 Annual Report, Amnesty International USA concluded the Secretary of State for Defence is accountable to parliament
that US military and intelligence outsourcing in Iraq and on all defence matters, while the MoD accepts that it is liable
Afghanistan had helped create virtually rules-free zones for all wrongs committed by British soldiers overseas.123 The
sanctioned with the American flag and firepower. 117 same channels of accountability do not apply to PMSCs and
their employees, who are subject to the terms of their contract.
In Iraq, all non-Iraqi military personnel and PMSC employees are
immune from prosecution under CPA Order 17 for acts
3.2 Human rights abuses and violations
performed within the terms of their contracts. CPA chief Paul
Bremer issued the order the day before handing power over to of the law
the Iraqi government in June 2004, and it gives unprecedented
Ascertaining the full scope of human rights abuses committed
powers to foreign nationals operating in a sovereign country.
by PMSCs is nigh impossible, given the voluntary nature of
While Iraqis are frustrated with the order after several
reporting in situations where evidence is hard to verify.124
atrocities carried out by foreigners have gone unpunished, it still
However, the evidence that is available is adequate to
remains the governing principle. Of the tens of thousands of
demonstrate the scale of the threat posed by PMSCs lack of
PMSC employees who have been active in Iraq, not a single one
accountability. The extreme difficulty involved in monitoring
has been charged with a crime.
such activity poses far-reaching questions for any legislation to
control PMSC activity in conflict situations.
Prosecution in the home country in which a company is
headquartered is also problematic. The application of US law
In 2003 the media was flooded with accounts of the abuse and
outside US territory is extremely difficult in practice, and the
torture of prisoners held in Abu Ghraib prison in Iraq. As well
likelihood of prosecution very low. A class-action lawsuit was
as US military police and CIA officers, employees of two PMSCs
filed under the Alien Tort Claims Act in June 2004 in federal
were implicated in the scandal: Titan and California Analysis
court against CACI and Titan over the Abu Ghraib abuses (see
Center Incorporated (CACI).125 Steve Stefanowicz of CACI
below), as well as against three individuals working for the
allegedly directed the use of dogs at Abu Ghraib, ordered that
companies. The scope of the act is, however, limited.118
a prisoner not receive his prescription pain killers, made a male
prisoner wear women s underwear, failed to report the abuses
Other than a possible non-renewal of a contract, there are no
and lied to investigators. Daniel Johnson, another CACI
real checks on PMSC activity. Contracts often allow a wide
employee, allegedly directed military personnel to conduct
range of unspecified duties to be carried out, with few
torture during interrogation of a prisoner, according to
standards, safeguards or monitoring mechanisms, and sometimes
descriptions in the Fay Report, the US army s investigation into
spanning more than one country.119 Oversight is further
Further evidence emerged to show that DSC purchased More worrying still, PMSCs have themselves channelled
military equipment in 1997 for the Colombian army s XIVth weapons into conflict situations. LifeGuard Systems, which
Brigade, reportedly involved in numerous human rights protected diamond fields in Sierra Leone, was strongly believed
violations. The purchase, mediated by Israeli PMSC Silver to have shipped arms during the civil war there, including RPG-
Shadow, took place at a time when the XIVth Brigade was 7 rockets, AK-47 ammunition, mines and mortar bombs to the
under investigation for complicity in the massacre of 15 rebel forces. Allegations arose in 2003 that DynCorp
unarmed civilians in Segovia in April 1996.133 Aerospace had been awarded a US contract in 2000 to
stockpile weapons in Bahrain, Oman and Qatar in preparation
In 2001, several DynCorp employees in Bosnia were accused of for an invasion of Iraq. The weapons supposedly included illegal
running a prostitution ring which used under-age girls, as well as antipersonnel mines.142 AirScan stands accused of smuggling
purchasing illegal weapons and forging passports. The firm s site arms into southern Sudan as part of a covert US operation to
supervisor was accused of videotaping himself raping two young support the Sudan People s Liberation Army (SPLA) in its
women. Although the employees were dismissed, they did not conflict with the Sudanese government. During this war, PMSCs
face criminal prosecution.134 Kathryn Bolkovac, the employee have provided training to both sides of the conflict.143
who blew the whistle on the activities, was also dismissed.135
A further link between PMSC operations and the weapons
Another former DynCorp employee and whistleblower Ben trade was made explicit by the UK government in its 2002
Johnston told Insight Magazine that my main problem was Green Paper, Private Military Companies: Options for Regulation
[their sexual misbehaviour] with the kids, but I wasn t too happy (treated more fully in the next chapter). Commenting on the
with them ripping off the government, either. DynCorp is just as likely impact of a ban on PMSC activity abroad, the government
immoral and elite as possible, and any rule they can break they noted that arms exports and PMSC services often go hand in
do. 136 hand: Since exports of defence equipment are frequently
dependent on the supplier being able to provide a service
These case studies do no more than scratch the surface of package, a large volume of defence export sales would be lost
PMSCs violations of human rights and international in addition to the value of the services themselves. 144
humanitarian law. There are also accusations of PMSC
involvement in torture at the Guant namo naval base in Cuba.137
3.4 Destabilisation
Aviation Development Corporation employees mistakenly
directed the shooting down of a private passenger plane in Peru Western governments and multinational corporations do not
while working on aerial surveillance operations targeting drug represent the only market for PMSCs.Weak governments and
traffickers,138 and AirScan was implicated in 1998 in rebel groups, especially in Africa, have relied on their expertise
coordinating the bombing of a village in Colombia in which 18 and force in numerous conflicts, and PMSCs are credited with
civilians were killed.139 shifting the balance of wars in Angola, Croatia and Sierra
Leone.Yet even where the interventions may seem to have
been humanitarian in their aims, troubling aspects remain.
3.3 Weapons trade
The end of the Cold War has also seen an erosion of political Two major problems arise from PMSCs augmenting the military
control over the means of war, and large stocks of arms have capability of one side or other in a conflict.145 Firstly, the
fallen onto the open market. Machine guns, helicopters, tanks availability of mercenary assistance means that the use of force
and even fighter jets have become available. In Africa, a T-55 continues to be prioritised as a decisive means of bringing war
tank costs US$40,000, while an AK-47 rifle can be purchased to an end, as opposed to developing less bloody forms of
for the price of a chicken in Uganda.140 In this context, PMSCs conflict resolution. Secondly, and as a consequence, victories
The rapid expansion of PMSCs over recent years means that In its response to the Green Paper, the House of Commons
there is now an urgent need to bring their activities within the Foreign Affairs Committee recommended that private
compass of both legal and democratic control. A binding companies be expressly prohibited from direct participation in
international framework of rules under the auspices of the UN armed combat operations, and that firearms should only be
remains the long-term goal for many seeking to regain control carried... by company employees for purposes of training or
over mercenary operations. However, it is generally recognised self-defence . The Committee also proposed that the
that this control is most likely to be achieved — and is most government consider a complete ban on recruitment for such
appropriate at this stage — at the national level within the home activities of United Kingdom citizens by overseas-based or
countries of the PMSCs concerned. offshore PMCs ,147 while remaining activities be subject to
licence. The government replied to the Committee with a
The absence of any UK legislation is a particular problem in this further rejoinder in October 2002.148
regard, given the growth and importance of UK-based PMSCs
on the international stage. This chapter and the conclusions Since 2002, however, the UK government has failed to introduce
which follow therefore focus on the UK situation first and legislation to take forward any of the options presented in the
foremost. Green Paper.While debate has continued within Whitehall over
the past four years, the government has stalled progress
towards effecting any genuine accountability or oversight over
4.1 UK legislation
the PMSC sector.
In the UK, mercenary activity is regulated by the Foreign
Enlistment Act 1870, which prohibits the recruitment of There is broad agreement that PMSCs must not be allowed to
mercenaries and their participation conflict. There is no take part in direct combat operations. Even industry
legislation covering PMSCs. Following the Arms to Africa affair spokespeople see PMSC involvement in direct combat as
of 1998, the House of Commons Foreign Affairs Committee problematic.149 Politicians and commentators also share a
requested a government Green Paper outlining options for general agreement that self-regulation, open to numerous claims
control and regulation of UK-based PMSCs. of ineffectiveness in far less daunting environments than war,
would be totally unsuitable in a sector where life and death is
The government duly published its Green Paper in February so regularly at stake.150
2002.146 The paper outlined six possible options for the
regulation of PMSC activity: On the other hand, there is considerable resistance within the
Labour government to outlawing the use of PMSCs. Reasons for
• A ban on military activity abroad this include both the strategic usefulness of PMSCs outlined in
• A ban on recruitment for military activity abroad chapter 2 above, and the importance of the sector to UK
• A licensing regime for military services economic interests. The government is at pains to stress the
• A registration and notification regime for military services importance of the export revenue derived from the sector,
• A general licence for PMSCs making reference to the considerable value of PMSC services
• Self-regulation: a voluntary code of conduct to the UK economy in the 2002 Green Paper.
The government noted that different options could be applied The key question to any legislation s effectiveness is how widely
to different services provided by PMSCs. For instance, it would the term combat will be defined. As this report has outlined, the
be possible to outlaw the most undesirable PMSC activities privatisation of combat support services opens the path to
while allowing the continuation of certain operations via a private companies becoming involved in serious violations of
registration scheme for the companies and a licensing regime international humanitarian law, while services far from the front
for the individual contracts.While it declined to express a line present the opportunity for extensive human rights abuses.151
policy preference for any particular option, the government To address these challenges, prohibition needs to apply to the
pointed out what it saw at that time as the pros and cons of privatisation of both combat and combat support in their widest
each. senses, while there must be the strictest form of regulation for all
other services provided by PMSCs (see next chapter).
4.2 International regulation the Convention. The UK government states that it has not
done so because it does not believe that a prosecution based
International law includes three treaties dealing with
on the definitions in the Convention could achieve success,155
mercenaries: the 1977 Organisation of African Unity
and that there is no realistic prospect of developing a
Convention for the Elimination of Mercenarism in Africa; the
replacement.156
1977 Protocol 1 Additional to the Geneva Conventions; and
the 1989 UN International Convention against the Recruitment,
In recognition of the large numbers of South Africans who
Use, Financing and Training of Mercenaries, which came into
have set up or served in PMSCs, the South African
force in 2001. All three instruments were negotiated before the
government has led the way in PMSC legislation. Around
explosion of PMSC activities in recent years.
2,000 South Africans are believed to be serving in PMSCs in
Iraq, many trained under the Apartheid government.157 The
Enrique Ballesteros, UN Special Rapporteur on Mercenaries
Regulation of Foreign Military Assistance (FMA) Bill was
from 1987 to 2004, proposed broadening the definition of
passed in 1998 in the wake of the controversy surrounding
mercenary so as to incorporate PMSCs into the 1989 UN
Executive Outcomes. It bans mercenary activity and
Convention, but found no consensus. Moreover, none of the five
regulates military assistance including advice, training,
permanent members of the UN Security Council have ratified
personnel, financial, logistical, intelligence or procurement
In the USA, the Arms Export Control Act of 1968 has The revolving door between government and PMSCs — the
regulated both arms sales and, since the 1980s, the export of movement of former officials and military officers to and from
military services, including assistance in the use of equipment, the private sector, exerting political influence through their
technical data, advice and training. All PMSCs must register for connections and inside knowledge — is also a key factor in
a State Department licence.163 In practice, enforceability, explaining the sector s success. Blackwater s vice-chair Cofer
accountability, consistency and transparency are all lacking, as
well as evaluation mechanisms. Only contracts in excess of
US$50 million require Congressional notification.164 What is
more, PMSCs can sell their services through the Pentagon s
Foreign Military Sales (FMS) programme, which requires no
licensing.While the US system may restrict the worst rogue
companies, it does little to restrict companies working with full
governmental knowledge and approval.
In 2001, the 10 leading US private military firms spent more The revolving door: Sir Malcolm Rifkind MP,
former defence and foreign secretary, is now
than US$32 million on lobbying, and donated more than US$12 non-executive chairman of ArmorGroup.
million to political campaigns.166 DynCorp gave more than
PMSCs have grown so large and so fast that legislation to 3. All other PMSC services must be made subject to individual
regulate them is now a critical necessity. It is already four years licensing requirements and open to prior parliamentary and
since the UK government published its Green Paper on PMSCs, public scrutiny. In addition, there must also be an open
and in that time the explosion of mercenary activity in Iraq has register of PMSCs in order to provide an opportunity to
effectively rewritten the sector s role in contemporary conflict. filter out companies with poor records.
The UK remains in the unhappy position of having one of the 4. Strict controls should be placed on the revolving door to
most developed PMSC sectors in the world, and yet having no ensure that senior defence or security officials or ministers
legal or democratic controls over it.War on Want will of state are not allowed to take up any lobbying role for a
contribute more detailed recommendations on what form these PMSC for five years after completing their government
controls should take once the government launches the public service.
consultation which is a necessary precursor to legislation.
5. Any government department which outsources a service to a
In the meantime,War on Want makes the following PMSC must remain fully responsible for the conduct of that
recommendations: PMSC. Investigations against allegations of human rights
abuse by PMSC employees must be accorded the same
1. The UK government must move towards legislation to importance as investigations against members of the armed
control the PMSC sector as an urgent priority. Self-regulation forces.
by the industry is not an option.
All readers of this report are urged to support these
2. Legislation must outlaw PMSC involvement in all forms of recommendations by sending personal letters to the same effect
direct combat and combat support, understood in their to: Rt Hon Margaret Beckett MP, Secretary of State for Foreign
widest possible senses. and Commonwealth Affairs, Foreign and Commonwealth Office,
King Charles Street, London SW1A 2AH.
1. See, for example, the UN Working Group on the use of mercenaries as a means of 30. D Priest, Private Guards Repel Attack on U.S. Headquarters , Washington Post, 6
violating human rights and impeding the exercise of the rights of people to self- April 2004
determination, The Right of Peoples to Self-Determination and its Application to 31. D Isenberg, A Fistful of Contractors: The Case for a Pragmatic Assessment of
Peoples under Colonial or Alien Domination or Foreign Occupation , 3 March 2006. Private Military Companies in Iraq , British American Security Information Council
2. International cooperation at a crossroads: Aid, trade and security in an unequal world, Research Report 2004, September 2004
UNDP Human Development Report, New York, 2005; chapter 5 32. Ibid.
3. See, for instance, S Armstrong, The Enforcer , The Guardian, 20 May 2006 33. J Kimberlin and B Sizemore, Blackwater: New Horizons , Virginian-Pilot 28 July 2006
4. Rebuilding Iraq: Action Still Needed to Improve the Use of Private Security Providers. 34. Schreier and Caparini, Privatising Security
Washington DC, US Government Accountability Office, June 2006; for more on the 35. Private Military Companies: Options for Regulation, London, The Stationery Office,
Private Security Company Association of Iraq, see www.pscai.org February 2002
5. J Scahill, Blood is thicker than Blackwater , The Nation, 8 May 2006 36. S Makki, S Meek, AF Musah, M Crowley, D Lilly, Private Military Companies and
6. P Brownfeld, Democrats Criticize role of Military Contractors , FoxNews.com, 18 the Proliferation of Small Arms: Regulating the Actors , British American Security
April 2004 Information Council, International Alert and Saferworld, January 2001
7. Spicer calls Sierra Leone affair ethical , BBC News Online, 5 November 1998 37. K Silverstein, Mercenary, Inc.? , Washington Business Forward, May 2001; and
8. BBC Online, Thatcher fined over coup plot , 13 January 2005 Campbell, War on Error
9. EB Ballesteros, Use of mercenaries as means of violating human rights and impeding 38. Ballesteros, Use of mercenaries as means of violating human rights and impeding
the exercise of the rights of peoples to self-determination in UN Commission on the exercise of the rights of peoples to self-determination UN Economic and Social
Human Rights Report, E/CN.4/2004/15, 24 December 2003 Council Report, E/CN.4/2002/20, 10 January 2002
10. Open Society Institute and UN Foundation, Iraq in Transition: Post conflict 39. W Madsen, Prepared Testimony and Statement Before the Subcommittee on
challenges and opportunities , 2005 International Operations and Human Rights , Committee on International Relations,
11. T Boles, Dog of War Builds £62m Business , Sunday Times, 5 February 2006 US House of Representatives 17 May 2001
12. D Priest and MP Flaherty, Iraq: Security Firms Form World s Largest Private 40. Holmqvist, Private Security Companies
Army , Washington Post, 8 April 2004 41. Scahill, Blood Is Thicker Than Blackwater
13. ArmorGroup, Annual Report 2004 42. Wither, European Security and Private Military Companies
14. P Almond, War s fertile grounds for soldiers of fortune , Sunday Times, 30 October 43. Kimberlin and Sizemore, Blackwater: New Horizons
2005 44. Isenberg, A Fistful of Contractors
15. C Holmqvist, Private Security Companies. The Case for Regulation , SIPRI Policy 45. J Scahill, Mercenary Jackpot , The Nation, 28 August 2006
Paper, No. 9, January 2005 46. Kimberlin, Blackwater: New Horizons .
16. F Schreier and M Caparini, Privatising Security: Law Practice and Governance of 47. A Barnett, Scandal-hit US firm wins key contract Observer, 13 April 2003
Private Military and Security Companies , DCAF Occasional Paper, Geneva Centre 48. BBC Online, US chides hostile Karzai guides , 14 October 2004
for the Democratic Control of Armed Forces, No. 6, March 2005 49. D Isenberg, Security for sale in Afghanistan , Asia Times, 4 January 2003; I Traynor,
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Connections , Associated Press, 22 March 1997 50. W Masden, Mercenaries in Kosovo: The US connection to the KLA , The
18. JK Wither, European Security and Private Military Companies: The Prospects for Progressive, August 1999
Privatized Battlegroups , The Quarterly Journal, Partnership for Peace Consortium of 51. J Kotler, Outsourcing War: $4.3m report to Colombia questioned, Associated Press,
Defense Academies and Security Studies Institutes,Vol. 4, No. 2 June 2005 21 May 2001
19. US State Department Background on Sierra Leone, 52. M Caparini, Private Military Companies , in Dr. TH Winkler (ed.) et al, Combating
http://www.state.gov/r/pa/ei/bgn/5475.htm. Terrorism and its Implications for the Security Sector, Geneva Centre for the Democratic
20. BBC Online, Mercenaries in Africa s conflicts , 11 March 2004 Control of Armed Forces and Swedish National Defence College, 2005
21. J Lovell, Privatized Military Wave of the Future, Firms Say , Reuters, 14 May 2003 53. E Schrader, US Companies Hired to Train Foreign Armies Los Angeles Times
22. Wither, European Security and Private Military Companies 14 April 2002
23. MPRI, It s What we Do , http://mpri.com/site/capabilities.html 54 J Cilliers and I Douglas, The military as business — Military Professional Resources,
24. PW Singer, Corporate Warriors:The Rise of the Privatized Military Industry, Cornell Incorporated in J Cilliers and P Mason (eds) Peace, Profit Or Plunder?:The Privatisation
University Press, Ithaca and London, 2003 of Security in War-torn African Societies, Institute for Security Studies, 1998
25. Ibid. 55. J Godoy, Dogs of War Take to Suits , Inter Press Service, 18 November 2003
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Scotsman, 23 February 2001 57. Boles, Dog of War Builds £62m Business
27. Center for International Policy, U.S. Contractors in Colombia , 2001 58. A Ackerman, Tim Spicer s World , The Nation Online, 29 December 2004
28. Singer, Corporate Warriors 59. F Schreier and M Caparini, Privatising Security
29. Wither, European Security and Private Military Companies 60. M Paton, Spotting Profit Warnings In Advance , in The Motley Fool: Independent
security firms. Now there are moves to regulate a thriving industry , Sunday Times, 30 101. D Isenberg, A government in search of cover: PMCs in Iraq , prepared for the
October 2005 Market Forces: Regulating Private Military Companies conference, 23-24 March 2006,
67. Isenberg, A Fistful of Contractors Institute for International Law and Justice, New York University School Of Law
68. FCO website, FCO contracts over £250,000 102. Singer, Corporate Warriors
70. C O Reilly, Security Consultants in Iraq: Private Security in a Transitional State , 104. Schreier and Caparini, Privatising Security
paper presented to 33rd annual conference of the European Group for the Study of 105. J Dao, Private U.S. Guards Take Big Risks for Right Price , New York Times, 2
Deviance and Social Control, 1-4 September 2005 April 2004
71. U.S. firm offers private armies for low-intensity conflicts , World Tribune, 29 March 106. Schreier and Caparini, Privatising Security
2006 107. M Smith, SAS get 50% pay to halt quitters , Sunday Times, 6 August 2006
72. Singer, Corporate Warriors 108. E Krahmann, Private Military Services in the UK and Germany: Between
73. Holmqvist, Private Security Companies Partnership and Regulation in European Security,Vol. 14, No. 2 June 2005
74. D Whyte, Lethal Regulation: State-Corporate Crime and the United Kingdom 109. HM Treasury list of PFI projects through March 2006
Government s new Mercenaries , Journal of Law and Society,Vol. 30, No. 4, 2003 110. Serco Group plc, Preliminary results for the year ended 31 December 2000 , 20
75. D Campbell, War on Error: A Spy Inc. No Stranger to Controversy , The Center February 2001
for Public Integrity, 12 June 2002. 111. Foreign Commonwealth Office, Private Military Companies
76. TC Miller, A Colombian Village Caught in a Cross-Fire , Los Angeles Times, 17 March 112. T Mahon, Drafting a vision: massive changes in store for British armed forces
2002 training , TJS Online, 21 August 2006
77. J Werve, Contractors Write the Rules , Center for Public Integrity, 30 June 2004 113. Department for International Development, Security Sector Reform and the
78. Holmqvist, Private Security Companies Management of Military Expenditure , Report on an International Symposium Sponsored
79. Isenberg, A Fistful of Contractors by the UK, June 2000
80. Singer, Corporate Warriors 114. Select Committee on Foreign Affairs Sixth Report, The Stationery Office, March
81. TS Millard, Overcoming Post-Colonial Myopia: A Call to Recognize and Regulate 2005
Private Military Companies , in Military Law Review,Vol. 176, June 2003 115. E Krahmann, Controlling Private Military Companies: The United Kingdom and
82. Center for International Policy, State Department required report to Congress on Germany in International Studies Association, 2003, Portland, Oregon; N Mathiason,
contractors in Colombia , 14 April 2003 MoD under fire over training plans , The Observer, 26 March 2006
83. Human Rights Watch, Special Report 1999: Special Issues and Campaigns, 1999 116. C Walker and D Whyte, Contracting Out War?: Private Military Companies, Law
84. R Fox, Fresh war clouds threaten ceasefire , Sunday Telegraph, 15 October 1995 and Regulation in the United Kingdom , International and Comparative Law Quarterly,
85. Amnesty International USA Croatia: human rights violations in the Krajina (press Vol 54, July 2005
release), 2 October 1995 117. Amnesty International USA, Annual Report 2006
86. Centre for Research on Globalisation, Mercenary Outfit on Contract to the 118. Isenberg, A government in search of cover
Pentagon behind 1995 Ethnic Massacres in the Krajina region of Croatia , July 2003 119. Schreier and Caparini, Privatising Security
87. J Scahill, Washington s Men In Kosovo: A Year After the NATO Occupation, 120. Holmqvist, Private Security Companies
Terror Reigns , Common Dreams, 19 July 2000 121. Amnesty International USA, Annual Report 2006
88. Singer, Corporate Warriors 122. C Beyani and D Lilly, Regulating private military companies. Options for the UK
89. Whyte, Lethal Regulation Government , International Alert, August 2001
90. B Yeoman, Soldiers of good fortune , Independent Weekly (North Carolina) 123. C Walker and D Whyte, Contracting Out War?
91. Whyte, Lethal Regulation 124. Amnesty International USA, Annual Report 2006
133. Ibid. 160. A Clarno & S Vally, Privatised War: The South African Connection ZNet,
134. H Gulam, The rise and rise of Private Military Companies , cited on the United 6 March 2005
Nations Programme for Training and Research, November 2005 161. W Hartley, ANC Sticks to Guns On Mercenary Bill Business Day, 16 August 2006
135. Human Rights Watch, Hopes Betrayed: Trafficking of women and girls to Bosnia 162. Bell, Anti-mercenary Bill spurs security fears
and Herzegovina for forced prostitution , December 2002 163. Foreign Commonwealth Office, Private Military Companies
136. KP O Meara, US: DynCorp Disgrace Insight Magazine, 14 January 2002 164. Holmqvist, Private Security Companies
137. UN Economic and Social Council, as note 1 165. Assembl e Nationale, Loi no 2003-340 du 14 avril 2003 relative à la répression de
138. Singer, Corporate Warriors; and J Borger and M Hodgson, A plane is shot down and l’activité de mercenaire (1). NOR: DEFX0200004L. J.O. no 89, 15 April 2003; Annex B
the US proxy war on drug barons unravels The Guardian, 2 June 2001 of the UK government s 2002 Green Paper provides more detail
139. US Representative Jan Schakowsky, Letter to Secretary of State Colin Powell, 10 166. Isenberg, A Fistful of Contractors
November 2002. 167. Ibid.
140. Singer, Corporate Warriors 168. Center for Public Integrity, LobbyWatch
141. S Fitzsimmons, Dogs of Peace: A Potential Role for Private Military Companies in 169. Ibid.
Peace Implementation in Journal of Military and Strategic Studies,Vol. 8, Issue 1, 2005 170. R Schlesinger, The Private Contractor-GOP Gravy Train , Thinking Peace, 11 May
142. C Walker and D Whyte, Contracting Out War ; and Human Rights Watch, 2004
Stockpiling of Antipersonnel Mines , 2000 171. Scahill, Blood Is Thicker Than Blackwater
143. KG Adar, Sudan: The Internal and External Contexts of Conflict and Conflict 172. Schreier & Caparini, Privatising Security
Resolution , UNHCR Centre for Documentation and Research, July 2000. 173. ASG announced in January 2006 that it was shutting down because of its ties to
144. Foreign Commonwealth Office, Private Military Companies disgraced lobbyist Jack Abramoff and former House majority leader Tom DeLay, who
145. D Lilly, The privatization of security and peacebuilding: a framework for action , has been indicted on money-laundering charges. JH Birnbaum and JV Grimaldi, Lobby
International Alert, September 2000 Giant Is Scandal Casualty , Washington Post, 10 January 2006
146. Foreign Commonwealth Office, Private Military Companies 174. The Center for Public Integrity, Windfalls of War
147. House of Commons Foreign Affairs Committee, Private Military Companies , 175. Schlesinger, The Private Contractor-GOP Gravy Train
Government Response to the Ninth Report of Session 2001-02, 1 August 2002 176. L Wayne, Pentagon Brass and Military Contractors Gold New York Times, 29 June
148. Ninth Report of the Foreign Affairs Committee: Private Military Companies — 2004
Response of the Secretary of State for Foreign and Commonwealth Affairs, October 177. POGO, The Politics of Contracting , 29 June 2004
2002 178. D Isenberg, The Good, the Bad, and the Unknown: PMCs in Iraq , presentation at
149. For the industry view see D Donald, After the Bubble: British Private Security Guns ‘n gates:The role of private security actors in armed violence, Bonn International
Companies After Iraq,Whitehall Paper 66, Royal United Services Institute, 2006 Center for Conversion,Working Group 3, 9-10 February 2006
150. A point suggested in the Green Paper, and fully endorsed in FAC Report and the 179. Aegis Defence Services Information Release, Aegis Announces New Board
vast majority of academic and media articles quoted in this report. Appointments , 4 November 2005
151. This point is endorsed by M Hastings, We must fight our instinctive distaste for 180. S Peterson, Next challenge in Iraq: Sabotage Christian Science Monitor, 3 July 2003
mercenaries , Guardian, 2 August 2006.While supporting the continued use of and CPA Website
PMSCs, Hastings sees intelligence as too essential to combat operations for private
companies to be trusted with its provision.
War on Want Cover picture: A PMSC employee sits in the door of a helicopter as it
Development House patrols Baghdad in February 2005.
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