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.
From Al Jazeera (1/9/2010)
Here’s a link to a video showing the suicide bomber who attacked a US base in Afghanistan recently and killed eight people–including CIA officers.
http://english.aljazeera.net/news/middleeast/2010/01/201019115311270699.html
Jeremy Schall? Wrote a book about the adventures of Christian Morality and Blackwater Xe? WOW.
AY,
Ontario always of course!
No no no….I don’t believe that Buddha is thier fan, but they certainly seem to derive a great deal of pleasure following him around.
Canadian Eh,
So where is the opportunity in the land of the North? Just so, in case Buddha comes up missing.
Also, I am unsure if the trolls consider him their fan. Maybe one of the impersonations may come to life and inform us. Duh?
well, you should probably check firstwith your legion of fan trolls. Just to ensure that they can continue to stalk you in the land of the true north strong and free:D
Hot damn!
I guess I better get to work on becoming a Canuck then. 😀
anon nurse,
We up North certainly have our own fair share of discontent with our current minority government. Fortunately, the structure of our government and our economic systems prevents us from ever being in the same situation as our American neighbors.
AY,
Unfortunatley, Windsor does not yet allow thier prostitutes to actually walk down the streets smoking their weed. Although I hear that Montreal does 😀
BIL,
The good news for you is that there are “incredibly sexually gifted amateur practitioners with good discretion and excellent mental health” available for the picking. All free of charge!
roflol
Well he was remarkably accurate until the hooker thing. 😀
Oh my.
Buddah I think he projected his fantasy onto you.
SWMom,
Of course we do. It was a joke (at least I considered the hooker part a joke). The paths to that profession are almost invariable sad and I’ve never hired one for many reasons, but that many prostitutes are essentially torturing themselves over molestation issues would be right at the top of the list why not. But “incredibly sexually gifted amateur practitioner with good discretion and good mental health” ruins the flow of the joke. But your point is well taken.
Bad AY! Get under the porch, you sexist swine! 😀
Swartzmore mom,
Buddha can dream can’t he. He’s just a man…..He’s just a man…and he loves his trolls.
Do you actually think there is a burned out former hooker that is not neurotic? I guess fantasy is better than reality for some folks. Do you realize most hookers have been sexually abused as children?
Wipe that grin off or is that a silly smirk?
I plead the Fifth. Like that’s worth anything anymore.
Or is that plead with a fifth? Hmmm. Maybe both.
Elaine M.,
I will speak for Buddha. If he can have a fine, non neurotic, female, former hooker, all of the best in self indulgences that Canada has to offer with health insurance and a pension to boot. We’d never see or hear from him again.
Is that right Buddha. In Windor you can hire a hooker, buy the best weed and your female companion can go topless down the street while burning one and drinking a good beer.
Elaine,
I find Canadian women of have a most pleasing disposition in general. True, they are like any population and I’ve met a couple of Canadian gals I wouldn’t wish on an enemy, but overall I find them simply good company.
Re: Canadian women
I’m waiting for some poetry (by Elaine M.) on this one!
So, Buddha, you have a thing for Canadian women, eh??? What is it about the females north of the US border that you find so attractive, eh?
And don’t forget the Canadian government provides its citizens with healthcare coverage, eh?
http://www.lasvegassun.com/news/2010/jan/09/xe-services-aiming-for-afghan-police-training-deal/
“Now called Xe Services, the company is in the running for a Pentagon contract potentially worth $1 billion to train Afghanistan’s troubled national police force. Xe has been shifting to training, aviation and logistics work after its security guards were accused of killing unarmed Iraqi civilians more than two years ago.”
This is probably a done deal.
(Regarding an escape to Canada, I hear that some of the same things are going on… I wish it were so easy, but it appears that there’s no easy way out of this.)