Constitutional Law, Criminal law, Media, Military, Society

Shadow Army: ABC Discloses Use of Blackwater Contractors as Possible Mercenaries

Brian Ross at ABC has aired the results of his investigation into the use of alleged mercenaries by the United States. I was interviewed on the story, though I was obviously not at liberty to discuss it before it aired yesterday. Ross found evidence that private contractors were being used in Afghanistan, Pakistan, and Iraq for combat missions — a role that raises very disturbing legal and policy questions.

The ABC storyis based on four current and former U.S. military and intelligence officers. The New York Times has also reported that raids against Iraqi insurgents were conducted “almost nightly” between 2004 and 2006, and “the operations became so routine that the lines supposedly dividing the Central Intelligence Agency, the military and Blackwater became blurred.”

Congress has historically moved against the use of private contractors for such purposes. The Defense Department bars the use of private security contractors (PSCs) for combat operations. In the FY2008 National Defense Authorization Act (NDAA), Congress required full reporting on the use and weaponry of PSCs. Such contractors have been involved in controversial shootings such as the shooting of 17 Iraqi civilians at a Baghdad traffic circle in Nisoor Square by Blackwater employees.

The debate over PSCs has been over their use in combat areas, not just their use in combat — a role restricted for our regular forces. However, even their use in combat areas is viewed as inimical by military professionals. The executive summary for the U.S. Naval Academy’s 9th Annual McCain Conference on Ethics and Military Leadership stated this position recently:

We therefore conclude that contractors should not be deployed as security guards, sentries, or even prison guards within combat areas. APSCs should be restricted to appropriate support functions and those geographic areas where the rule of law prevails. In irregular warfare (IW) environments, where civilian cooperation is crucial, this restriction is both ethically and
strategically necessary.

This, however, is not a new position. Congress moved against the use of the Pinkerton Detective Agency after abuses found in crackdown against union organizers. The Anti-Pinkerton Act of 1893 (5 U.S.C. § 3108) barred the government from using private police companies and courts in cases like United States ex rel. Weinberger v. Equifax, 557 F.2d 456, 462 (5th Cir. 1977,) have interpreted this law as barring mercenary contracts. However, the government has blurred the line in Iraq and Afghanistan by defining companies like Blackwater as “guards” and security staff who are allowed to use lethal force in self-defense. See 71 Fed. Reg. 34826.

The CIA has always worked on the principle that it is easier to ask for forgiveness than permission. However, this may have gone too far. As I stated to ABC, the descriptions given by its sources indicate the use of private contractors in clear combat operations. That would, in my opinion, raise serious legal questions.

The New York Times is also reporting that contracts with Blackwater have been cancelled and that there has been significant complaints about the work of a company called Xe Services, which was run by a division of the company called Blackwater Select.

The Pentagon has denied the use of contractors in combat missions despite the ABC sources. It, however, has refused to discuss the use of such private soldiers in the Vibrant Fury operation in 2006.

The use of mercenaries by the United States could have terrible consequences. Such soldiers are not covered by such things as the Geneva conventions and would have little protection if captured. Moreover, regular soldiers could be treated as mercenaries when captured if we blur the distinction. Finally, there was once a robust market for mercenaries that the United States played a major role in shutting down. If we are seen as now employing mercenaries, it could encourage other nations to expand their own use of such private soldiers.

For the video of the segment, click here.

For the Xe story, click here.

157 thoughts on “Shadow Army: ABC Discloses Use of Blackwater Contractors as Possible Mercenaries”

  1. Thanks for the link Jill, If air strikes include drone strikes that’s another way to insulate the Administration from having to deal with liability for contractor actions. Last I read drone strikes were also one of the functions contractors now perform. I saw a headline regarding the 30 casualties figure but didn’t read the article figuring it was just (lazy and false) casualty counting as usual. The authorization threshold info kicks it up to an entirely different level of duplicity
    ———

    I hope your well BIL; glad you got back in one piece also.

  2. “On Monday, the anonymous blogger Security Crank noticed something interesting: all the U.S. and NATO airstrikes in Afghanistan seemingly kill exactly 30 people every time. How can that be?

    Security Crank documented no less than 12 occasions in which news reports, relying on field commanders’ estimates, noted that exactly 30 suspected Taliban were killed in airstrikes and, occasionally, artillery attacks. He said:

    But the much more important point remains: how could we possibly have any idea how the war is going, here or anywhere else, when the bad guys seem only to die in groups of 30? The sheer ubiquity of that number in fatality and casualty counts is astounding, to the point where I don’t even pay attention to a story anymore when they use that magic number 30. It is an indicator either of ignorance or deliberate spin… but no matter the case, whenever you see the number 30 used in reference to the Taliban, you should probably close the tab and move onto something else, because you just won’t get a good sense of what happened there.

    So, why is it always 30? Do thirty casualties seem like enough to justify a military attack, or few enough to not attract too much attention to an incident?

    Another blogger, Joshua Foust of the Central Asia blog Registan, seemingly stumbled upon the answer. In a tweet, he noted:

    In 2003, an air strike killing 30 civilians could be launched w/o issues. 31 dead civilians and Rummy had to approve.

    Foust then linked to an LA Times article from last July by Nicholas Goldberg that documented what field commanders were told. Read more.”

    http://www.afterdowningstreet.org/

  3. Lead in the water? Did that help the driving abilities? I have heard of putting lead in pencils or get the lead out of your ass, lead poisoning and lead foot. But lead in the water? Are you sure you don’t mean Iron in the water?

    I hope all is ok.

  4. I am me, AY. As proof, I had a nice drive. Until Arkansas. I swear they must put lead in the water there on purpose. I’m just wasting time until I can go to hospital.

  6. Buddha, Peyton?

    Glad your back. What is happening or should I espouse. Que Paso, Amigo?

  7. http://www.constitution.org/mac/prince13.htm

    To All You Trolls –

    Since your lot love Machiavelli so much, why don’t you all look at what the Master of Backstabbing Bastards said about mercenaries. Go ahead. That link takes you right to the specific chapter of “The Prince” dealing with mercenaries – CHAPTER XIII Concerning Auxiliaries, Mixed Soldiery, And One’s Own

    He didn’t seem to think “by any means necessary” was a good plan. He knew the shape of victory was as important as victory itself. And if you think that’s the gist of The Prince – every evil bastard for themselves and win at any cost? You’re misusing the tool and missing out on some really important nuances to the work. Winning at any cost is the recipe for pyrrhic victory.

  9. From the point-of-view of the people XE “combat”, they’re just another reason to dislike/hate Americans. When you consider that the reason XE operate is likely to work outside of US Military regulation/convention, then you have further reason for concern.

    What untraceable crimes are being committed by these people in the name of the USA (or other Western nations like my own here in Australia)?

    The USofA has a long history of working for “Good” but otherwise incomprehensible and disastrous meddling. How the HELL is that making the world safer?

    Like so many Empires, the USofA is dying at it’s own hand both financially and morally (internal and external).

  10. Just sayin,

    Do war crimes count in your book as impeachable offenses, because they do in mine. Obama engages in torture. Gosh it’s it special that most people don’t know that. But then again, some of us do. And I hope more of us will know about that soon. Also, there’s that failure to uphold our laws both regarding financial and war crimes committed by the past administration and their lackeys. Instead the people who ordered the crimes are free and their lackeys are the people Obama has hired to run his administration.

  12. America certainly wins the prize for the world’s foremost warmongering nation.

    It already has the world’s biggest army yet, not content with that, it sets up paid militias to assist it to do its dirty, murdering, imperial work.

    I’ve heard that most Americans either don’t know or don’t care what their country is doing (while it falsely claims to be spreading humans rights and democracy).

    Surely it’s time they found out!

  13. Just Saying Bdaman,

    Obama does indeed have low approval rating, just like Jimmy Carter. However the stage was set up for the failure to take. Look back at history and see a president called Hoover. Then come back and restate what you have stated with fact.

    If you presume that I am or have ever been an Obama support you are clearly mistaken. Never have never been, just sayin..

  14. Perhaps the greatest measure of Obama’s declining support is that just 50% of voters now say they prefer having him as President to George W. Bush, with 44% saying they’d rather have his predecessor. Given the horrendous approval ratings Bush showed during his final term that’s somewhat of a surprise and an indication that voters are increasingly placing the blame on Obama for the country’s difficulties instead of giving him space because of the tough situation he inherited.

  15. “Obama should be impeached, just as Bush should have been. I’m glad this information is finally coming to light”

    Finally 20% of voters, including 35% of Republicans, support impeaching Obama for his actions so far. I’m not clear exactly what ‘high crimes and misdemeanors’ they are using to justify that position but there may be a certain segment of voters on both the right and the left these days that simply think the President doing things they don’t agree with is grounds for removal from office. I don’t think Obama has a lot to worry about on that front.

    http://publicpolicypolling.blogspot.com/2009/12/obamas-december-standing.html

  17. I’m not surprised that there are clandestine, dangerous and sometimes murderous actions our military and our government has been and will be involved in. I would actually have a lot less heartburn about these black ops if they were being conducted by US military personnel. However, out-sourcing our dirty deeds to a private, for-profit gang of hooligans and thugs from the dregs of the US military and from death squads world and who have immunity from prosecution is very disturbing. If we’re going to do them. we should have the cajones to own them. To out-source such actions is cowardly, expensive and a manipulation of the American people.

    In the specific case of Blackwater/Xi it’s even more egregious. The President of Xi is a right wing relious zealot who has defined the company’s involvement in Iraq as a crusade against Islam. This is a thoroughly dangerous man and we’ve handed over millions if not billions to him and his mercenary creeps.

  19. And who will herd up the ‘demo-cats’ to get them to take action?

    The same who did such a bang up job on Health Care reform I suppose.

  20. I suspect that the way to end these endless, self-diddling wars is to follow the law on not hiring mercenaries and reinstate the draft. When many of us supported an all volunteer military the merc industry didn’t exist on a scale large enough to take up the slack. Now it does. We can’t fight a perpetual war if we don’t have the forces unless we use use merc’s. Take the merc’s out of the picture and our war mentality has to change.

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