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.
Canadian Eh!,
That’s not a half bad idea. And the only promise I require is a government that still marginally respects its citizens more than its criminals and access to those lovely Canadian women. Seriously. I have a thing for Canadian women.
One can always cross the border and come to the Promised Land :D, no need to travel through the underground any longer
That’s what I suspected. Thanks for confirming it, Buddha. The word “miracle” comes to mind, as does “hope.” The universe works in some very strange ways. Still, we can’t sit on our hands and do nothing. What can we do at this point, if anthing? Anyone?
anon nurse,
With Scalia and Roberts running SCOTUS? I think it’s practically a foregone conclusion.
Elaine M,
Thank you for your insights and input, as well.
“Good people”, many of you.
Swarthmore mom and Buddha — Thanks for your feedback, which means more than you could ever know during some very difficult times. I agree with both of you.
I’m terrified (not an overstatement) about what’s going to happen to this country. (“I have seen the enemy and he is us.”) I know only too well (and too late, I fear) that the train has left the station — I wish that I had realized it earlier. (For so many years I was ignorant and naive.) Our country is going to pay a terrible price for the relative somnolence of its populace — it will be too late, I’m afraid, by the time that most realize what is happening.
Re: Citizens United v FEC case: While I try to stay abreast of what’s happening in this country, I didn’t know about this case. Is the outcome a near-certainty, at this point, in your opinion, Buddha?
I don’t think most American people are aware of “corporatism”. They are glad if the have a job. I do think that the perceived threat of terrorism causes people to more easily relinquish their rights.
Blackwater Eyes Domestic Contracts in U.S. (NPR, 9/28/2007)
by Dina Temple-Raston
Excerpt:
The company’s push to work on natural disasters in this country, however, has made some people edgy. Jeffrey Walker is a former Air Force attorney who is now a fellow at Georgetown University Law School. He raised the alarm about private security contractors like Blackwater more than a decade ago when he was working in the Pentagon. His issue, among others, is the lack of accountability.
“The only difference between Blackwater in Iraq and Blackwater in New Orleans is that they are mercenaries in Iraq and they are vigilantes in New Orleans,” Walker said.
“The only accountability these guys have right now is they get their contract cancelled, or if individual Blackwater guys go off the reservation, DOD or State Department has the right in the contract to have Blackwater order individuals home.”
It is that lack of oversight and accountability that has Walker and others concerned about Blackwater’s intention to take their private security operation domestic. The company has met with leaders in several states to offer their security services in the event of a natural disaster. In California, they have suggested earthquake relief. In New York, they offered help in case of terrorist attack.
http://www.npr.org/templates/story/story.php?storyId=14707922
anon nurse,
My last statement was more a reflection on the thought processes that go into making light of the train about to hit our country from within.
As to stemming the rising tide of fascism? In Citizens United v. FEC, the SCOTUS is about to give away the last chance we had to actually fix the problem without eventual violence coming into play. The way to fix fascism is to put corporations on the legal short leash and not allow them to participate in electoral or legislative politics PERIOD. A corporation isn’t a real person but a legal fiction that real sociopaths and criminals hide behind to steal your rights, money and lives. This pending SCOTUS case is likely to allow UNLIMITED corporate campaign contributions. Welcome to the Actual Fascist States of America. That is the last nail in the coffin on the idea this is a representative democracy. From here? It’s all down hill. It’ll end with pols, lobbyists and criminal business leaders dying at the hands of the oppressed citizenry who have finally taken too much shit from “the man”. You can’t kick people indefinitely without getting kicked back eventually. The path we are on will lead to anarchy and eventual civil war. America wasn’t defeated by terrorism. America was killed for profit because it’s heart and soul, the Constitution, was stolen from within by opportunistic criminals.
The train has left the station IMO, anon nurse. It hadn’t yet when I began posting here, now years ago. But the Citizens United v FEC case is that last whistle clearing the tracks as the train pulls away.
I think every time there is a terrorist attack or an almost terrorist attack, the risk increases. The right will say Obama is soft on terrorism and if he does not respond he will not be elected and will be replaced by Palin or someone with similar views.
anon nurse & BIL–
Jeremy Scahill on Bill Moyers Journal: Scahill talks about Blackwater in New Orleans after Hurricane Katrina (October 19, 2007)
[youtube=http://www.youtube.com/watch?v=KDakcj9AHZ8&hl=en_US&fs=1&]
And what can we do to stem the rising tide of fascism?
Buddha,
I know that Blackwater/Xe has trained many of the police in this country in recent years — I know what I read, but I can only imagine and guess at the rest of it. (I’m in agreement with much of what you say.) I know that this country is in terrible trouble…
Could you elaborate on your last statement?
AN
anon nurse,
“It wouldn’t surprise me a bit to learn that Xe is operating domestically.”
Of course they are. Who else is going to shoot the civilian police and regular military who won’t turn on their own friends and family when they finally quit screwing around and get to declaring martial law for some new made up reason probably involving a false flag attack. The mercenaries. Killers for hire. Which is what the Neocon fascist war machine wants – you can’t maintain a state of perpetual war for profits if your fed up citizenry is trying to kill you for oppressing them.
What really frightens me about the above statement is I’m not sure if it’s coming from that cynical part of the brain that creates gallows humor or the bits that operate like scalpels in cold logical dissection but I suspect both are in operation.
http://www.democracynow.org/2010/1/8/blackwatergate_private_military_firm_in_firestorm
Democracy Now! interview with Jeremy Scahill and IL Rep. Jan Schakowsky
http://www.vanityfair.com/politics/features/2010/01/blackwater-201001
npr interview this morning and rebelreports.com has some new information
It wouldn’t surprise me a bit to learn that Xe is operating domestically.
anon nurse,
Prof. Turley might update and further cover this topic soon because it is a very important issue. I do not like the ruling; however, the legal facts may have given the judge no other option.
FFLEO:
While I’d agree that the ruling might be, technically, correct, it seems to me that the process leading to the ruling was flawed. If so, then the ruling itself would be in question, would it not?
Perhaps the judge made the proper ruling.
“Christian Crusaders”, right?
(Thanks for the comment and additional link, “Buddha Is Laughing”.)