Regulating PMC (catch all)

[John T. Fishel]

You really have some good stuff there. Why don't you write it up as a blog piece or a SWJ article. Personally, I'd be interested in your recommendations.

Cheers

JohnT

[jmm99]

but, out-of-CONUS military contracts are well outside of my areas of "expertise".

Out of curiousity, John,

Personally, I'd be interested in your recommendations

recommendations as to what areas, questions, etc. ? Provide me an outline of your concerns.

PS: Ken - the mind of the parachuting lapin is never boggled - it merely says that as it calculates its next move.

[John T. Fishel]

in this area? I think we all agree that there is a problem with the accountability for contractors with regard to their behavior when they act outside the law (or are accused of so doing). Placing contractors who work for or in support of military ops under the UCMJ was IMO an important step. My concerns have to do with what's next. My recommendation - which you articulately questioned - was to designate a commander for all USG activities during a contingency which would bring contractors who work for State, like Blackwater, under the UCMJ roof. But, as you pointed out, there are still questions. Anyway, how might you solve the problem of accountability for "other people's" contractors?

Part of what I was suggesting you do (since I don't really want to do the legal research or read the lawyerly verbosity in many of your cites) was to digest for us the essence of what you found and then draw a few conclusions and recommendations as above.

Cheers

JohnT

[slapout9]

Originally Posted by John T. Fishel

Anyway, how might you solve the problem of accountability for "other people's" contractors?

Cheers

JohnT

Hi John, I can tell you from personal experience inside the US (Alabama) as far as civil liablity the courts do not make any distinction between contractor and the person (Agency) who contracted them. They are considered to be part of the contracting angency. That is part of the Law of agency(jmm can better comment on that than me) which I never understood how groups like Blackwater could get around.

[John T. Fishel]

The principal (State in the Blackwater case) is exempt from violations of Iraqi law as are all US contractors under the CPA passed rules still in force. In UN ops, for example, peacekeepers have extraterritoriality as well.

[cr8921]

Do civilian contractors that are supporting a DoD contract but do not have CAC cards have to comply with local military directives concerning off time activities? An example:

Commander X issued a new rule that military and civilian personnel on Camp A cannot have any alcohol at all any establishment that serves alcohol is now off limits. However, 10 minutes away Camp B is not under the same rule yet under the jurisdiction of the same commander.

P.S. just wondering did my 20 but am looking for the clarification.

thanks!

[Polarbear]

Yesterday the Swiss Federal Departement of Foreign Affairs announced that nearly 60 firms have signed the International Code of Conduct for Providers of Private Security. The CoC is a follow-up document to the Montreux Document from 2008 which had been perceived positively by the international community.

The ICoC "is based on the assumption that companies must respect human rights independently from the condition of national state law."

"International law is only applicable to non-state actors in certain limited circumstances, whereas an International Code of Conduct overcomes these legal and theoretical ambiguities. If companies express their commitment to respect these standards, the International Code of Conduct can become the basic document to spell out rules for private security providers and offer practical advice on how to deal with them"

The press release can be found here: http://www.eda.admin.ch/eda/en/home/....html?id=36144

The CoC can be found here: http://www.news.admin.ch/NSBSubscrib...ents/21143.pdf

While the Montreux Document can be found here: http://www.eda.admin.ch/etc/medialib...Broschuere.pdf

Neutral Greetings PB

[HumanCOGRachel]

Yes, my good buddy Eoin Stewart started Obelisk International LLC. His company was one of the first signatories of ICoC. His whole idea is honorable protective security for a number of venues, including humanitarian missions and the protection of socio-historical archeology and such. Warriors with a Conscience is the whole idea.... http://www.obelisk-international.com

[120mm]

Originally Posted by Polarbear

The ICoC "is based on the assumption that companies must respect human rights independently from the condition of national state law."

Which "human rights?"

So, if my concept of human rights include that the human right of self-defense and the absolute God given right to keep and bear arms, that means I can run guns, regardless of national or international law, right?

The concept of "human rights" has been overused so much as to be worthless in application.

[Polarbear]

So far 554 Private Security Companies have signed the Code of Conduct, most from UK and US:

http://lignesdedefense.blogs.ouest-f...ct-for-pr.html

A list of 43 new signatories is also published:

http://www.icoc-psp.org/uploads/Sign..._Companies.pdf

as well as the complete list with all signatories:

http://www.icoc-psp.org/uploads/Sign...RT_VERSION.pdf

[Polarbear]

Today Federal Councillor Simonetta Somaruga (Social Democrats) presented a draft law by which Switzerland hope to ban "mercenary acitivities" of security firms.
The law forsees a notification requirement for firms which want to do business outside Switzerland and the EU. The authorities then have the possibility to allow or decline the activity. In case of violation the confederation can sanction the companies.
The text of the law and the communiquee is only available in German, French and Italian. Therefore, I post the link of the translated news release (Google).

You find the news release here: http://translate.google.de/translate...msg-id%3D47532

The text of the bill: http://www.ejpd.admin.ch/content/dam...men/entw-d.pdf (German)

The dispatch: http://www.ejpd.admin.ch/content/dam...rmen/bot-d.pdf (German)

[bourbon]

So who is going guard the Pope now?

[bourbon]

Some background: Aegis Defence Services, the UK PMC, has its holding company based in Switzerland. Since they have grown to be a large company with operations in a number of countries - I would imagine this has raised issues with the matter of Swiss neutrality.


Some history: The Swiss banking industry developed as an outgrowth from the export of Swiss mercenaries during the 15th to 19th century.

[Polarbear]

Originally Posted by bourbon

So who is going guard the Pope now?

The Swiss guard in Rome is affected by this law since the social benefits are paid by the Confederation. Nevertheless, they receive their pay from the Vatican.

Some background: Aegis Defence Services, the UK PMC, has its holding company based in Switzerland. Since they have grown to be a large company with operations in a number of countries - I would imagine this has raised issues with the matter of Swiss neutrality.

This is correct indeed! The move of Aegis provoked a lot of anti-"mercenary" reactions. Thoug a survey made in 2010 showd that at least about twenty contractor companies resided in Switzerland. Many of them working with NGOs and humanitarian organizations like the UN and the Red Cross.

Therein lies also one of the contradictions IMO. The law forbids firms to recruit personnel and to promote activities that lead to direct involvement in hostilities in conflict zones. But how will they control that?

Regards PB