Private Security Companies in Complex Contingencies: Opportunities and Risks

1. Private Security Companies in Complex Contingencies:Opportunities and Risks A Presentation for the Program on Humanitarian Policy and Conflict Research at Harvard University by Colonel Christopher Mayer, U.S. Army United States Army War College “Not to Promote War but to Foster Peace”

2. Bottom Line The proper role of Private Security Companies in a Complex Contingency is to protect civilian people, places, and things from criminal activity and other unlawful violence • PSCs do not participate in combat • PSCs operate under the authority of the legitimate government or occupying power • PSCs must be held accountable United States Army War College “Not to Promote War but to Foster Peace”

3. Definitions • Mercenary • Private Military Company • Private Security Company • Humanitarian Relief Organization • Complex Contingency • Complex Emergency United States Army War College “Not to Promote War but to Foster Peace”

4. Mercenary • Oxford Dictionary: A soldier hired into foreign service. • Additional Protocol I to the Geneva Convention (1977): • specially recruited locally or abroad to fight in an armed conflict • takes a direct part in the hostilities • motivated essentially by the desire for private gain and is promised compensation substantially in excess of that paid to combatants of similar ranks and functions in the armed forces of that Party • is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict; • is not a member of the armed forces of a Party to the conflict; and • has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces. United States Army War College “Not to Promote War but to Foster Peace”

5. Private Military or Private Security Company? • Private Military Company: A corporation providing military skills or services to legitimate governments • Training • Logistics • Staff augmentation • Could include tactical combat operations • Private Security Company: Companies that provide protective services to governments and the private sector • Personal Security Details • Risk Management/Advisory • Facility or material escort security United States Army War College “Not to Promote War but to Foster Peace”

6. Humanitarian Relief Organization Any entity that provides or supports relief assistance to mortally endangered populations • Non-Governmental Organizations (NGO) • Governmental Organizations • Inter-Governmental Organizations • Red Cross Movement United States Army War College “Not to Promote War but to Foster Peace”

7. Complex Definitions COMPLEX EMERGENCY: A humanitarian crisis in a country, region or society where there is total or considerable breakdown of authority resulting from internal or external conflict and which requires an international response that goes beyond the mandate or capacity of any single agency and/ or the ongoing United Nations country program (UN Interagency Standing Committee, 1994) COMPLEX CONTINGENCY OPERATION: Large-scale peace operations (or elements thereof) conducted by a combination of military forces and nonmilitary organizations that combine one or more of the elements of peace operations which include one or more elements of other types of operations such as foreign humanitarian assistance, nation assistance, support to insurgency, or support to counterinsurgency. (Joint Pub 1-02, July 2007) United States Army War College “Not to Promote War but to Foster Peace”

8. Fundamentals of Peace Operations • Flexibility and Adaptability • Restraint and Minimum Force • Civil-Military Harmonization and Cooperation • Objective/End State • Unity of Effort • Legitimacy • Security • Current and Sufficient Intelligence United States Army War College “Not to Promote War but to Foster Peace”

9. The Operational Environment • PSC/PMCs typically operate in environments where Rule of Law is compromised • “Host Nation” governments my not have effective legislation, police, judicial, or penitentiary capability • Applies to oversight of the legitimate use of force as well as to criminal activity and other unlawful violence • Challenge is to use PSCs in a way that supports, rather than undermines legitimacy of the government and rule of law • Demands realistic application of host nation government authority War or Disaster Intervention Stabilization Humanitarian Relief Recovery “Reconstruction Under Fire” United States Army War College “Not to Promote War but to Foster Peace”

10. PSC Status Under IHL • IHL does not address PSCs per se • PSC personnel are civilians accompanying the force • Accorded Prisoner of War Status in International Armed Conflict • (As long as their actions are consistent with their civilian status) United States Army War College “Not to Promote War but to Foster Peace”

11. United States Policy • PSCs are not replacements for combat troops • Used in areas where Rule of Law has been subverted • Protects people, places, and things from unlawful activity • Are not used in combat • Will not guard military in major combat operations United States Army War College “Not to Promote War but to Foster Peace”

12. Opportunities for Employment • Economy of Force • Civil-Military Harmonization and Cooperation • Flexibility and Adaptability • Current and Sufficient Intelligence • Support for Humanitarian Assistance United States Army War College “Not to Promote War but to Foster Peace”

13. Risks • Legitimacy • Security • Unity of Effort • Logistics • Commercial and Legal Considerations • Accountability United States Army War College “Not to Promote War but to Foster Peace”

14. Roles and Missions Complexity ABC Protection Ltd ABC P Ltd DEF LLC DEF LLC HIJ AG XYZ Corp. * Includes contractors accompanying the force United States Army War College “Not to Promote War but to Foster Peace”

15. Risks • Legitimacy • Security • Unity of Effort • Logistics • Commercial and Legal Considerations • Accountability United States Army War College “Not to Promote War but to Foster Peace”

16. Risk Mitigation • Objective • Legitimacy • Security • Unity of Effort • Accountability United States Army War College “Not to Promote War but to Foster Peace”

17. The Future • Private Military Companies will continue to play a critical role in complex contingencies and other crises • PMCs offer a wide variety of critical enablers to regular military forces and Humanitarian Relief Organizations • There is significant risk associated with PMCs • PMC employment requires competent program management to exploit their capabilities while mitigating risk United States Army War College “Not to Promote War but to Foster Peace”

18. Closing Thoughts • PSCs are not replacements for combat troops • PSCs typically operate in an environment where Rule of Law has been compromised • Armed contractors must operate in a manner that promotes Rule of Law • Armed contractors must operate in a manner that promotes the legitimacy of the civil government • These “MUST” items are all possible and practical, but are not being universally applied United States Army War College “Not to Promote War but to Foster Peace”