Privatization of War

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[Audio] Case study post 1945: looking at the wars in the Congo from 1960- 1965 Thesis: How will the privatization of the military change the way war is fought in the modern world? Argument: There is no stopping the push towards privatization, while the state will still be responsible for the most military endeavors, PMC will continue to rise in both strength and influence. This increase in privatization will lead to three major changes. Proxy wars between competing PMC that are backed by adversarial nations, will likely continue to become more common. PMC's along with advanced drone technology will likely take over the role of security forces. PMC will also likely retain much of the stigma associated with the term mercenary, as they often are not held accountable for their actions, which could lead to an increase in human rights violations. As the use of PMC increase.

PPrivatization of War

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Spencer Bowlus

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History of the Soldiers of fortune

Term became popularized by Machiavelli Mercenaries have been used since antiquity Wars of Napoleon seen as the divider between mercenary armies and citizen armies

Machiavelli on Mercenaries | Weapons and Warfare

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[Audio] Getting back to the subject at hand. The definition between one being a mercenary and one being a private military contractor is quit a legal tight rope. In the eyes of international law, the work of a mercenary is illegal. There are two competing international laws that outlaw mercenary work but have similar definitions of what constitutes a mercenary but different ideas on what punishments will be administered. Lindsey Cameron, Private military companies: their status under international humanitarian law and its impact on their regulation, brings together the two international laws and gives a good summary of both. Cameron states the first law to deal with mercenaries is the Additional Protocol I under international humanitarian law the second was under the International Convention against the Recruitment, Use, Financing and Training of Mercenaries and the Organization of African Unity Convention for the Elimination of Mercenarism in Africa (otherwise known together as the mercenary conventions).

International law and mercenaries

Two main bodies of International Law Additional Protocol I under international humanitarian law the International Convention against the Recruitment, Use, Financing and Training of Mercenaries and the Organization of African Unity Convention for the Elimination of Mercenarism in Africa.(the Mercenary Conventions)

The 1977 Additional Protocols to Geneva Conventions: A historical perspective | International Committee of the Red Cross

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[Audio] The mercenary conventions and Additional protocol I, both agree on the definition of a Mercenary. The definition states that any person who falls under the following six categories would be considered a mercenary.

Legal Definitions of a Mercanary

is specially recruited locally or abroad in order to fight in an armed conflict; does, in fact, take a direct part in the hostilities; is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or 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

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[Audio] Where the two laws differ Is the punishment for the crimes of being a mercenary. As caermon states, Under the mercenary conventions of Africa if the states have adopted implemention of legislation, the persons who fulfil the definition of a mercenary may be prosecuted for the distinct crime of being a mercenary. Basically, it is up to the individual state to have legislation that outlaws' mercenaries. Under international humanitarian law, in contrast, it is not a violation of the Geneva Conventions or Protocols to be a mercenary and mercenarism in and of itself does not engender international criminal responsibility; simply, a mercenary does not benefit from prisoner-of-war status if captured.

Punishment for Mercenaries

the Mercenary Conventions give most of the power of the individual African States, on how they punish mercenaries Under international humanitarian law a mercenary does not benefit from prisoner-of-war status if captured.

International Convention against the Recruitment, Use, Financing and Training of Mercenaries | 'Judicial proceedings in the UAE? Beware of the dangers! Abu Dhabi Judiciary, UAE Judgments For Sale, UAE President, United Arab

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[Audio] The legality of mercenaries is on the fence or downright illegal. Governments have attempted to get around these legal hurdles by basically renaming them. Goverments, according to Cameron, . have repeatedly asserted that the PMC employees are ''civilian contractors'',which implys that they do not perceive these individuals as combatants. This assertion that they are civilians rather than combatants does give the governments and contractors more legal cover. The distinction of whether or not a PMC is a mercenary or not is usually on a case-by-case basis. This analysis of PMC employees usually goes no further than to conclude whether or not they qualify as mercenaries. But this determination does not resolve the question as to what PMC employees are allowed to do in conflict situations and if they are in fact combatants or civilians. There are at least three distinct reasons why it is essential to know whether PMC employees are combatants: first, so that opposing forces know whether they are legitimate military objectives and can be lawfully attacked; second, in order to know whether PMC employees may lawfully participate directly in hostilities; and the third reason, related to the second, is in order to know whether PMC employees who do participate in hostilities may be prosecuted for doing so. The distinction between a regular mercenary and an employee of a PMC is very fluid. One main difference between them is the role of the market forces. PMC's, while they have an unusual product, are still companies. Bad PR is terrible for a normal company, but for a PMC it could result in a loss of contracts and the shuttering of their doors. Ad-hoc mercenaries on the other hand, are often independent. This allows for a much greater freedom, without the scrutiny of a company, but also makes it harder to control

How PMC are viewed

. Governments have attempted to get around these legal hurdles by basically rebranding mercenaries as PMC . Governments have repeatedly asserted that the PMC employees are ‘‘civilian contractors’’ and not active combatants

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When are PMC’s used

Usually In resource rich regions The potential value of the conflict attract PMC’s The inclusion of PMCs often lead to a greater intensity of conflict

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When PMC’s are used Con’t

Africa does not have the necessary public security forces Private security often takes over Leads to a negative cycle

Private security in Africa: time to regulate the bad and harness the good

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[Audio] The abundant resources of Africa and the destabilized nature of the governments make it a ripe place for PMC to operate. Many of the failed states of Africa had military regimes that were supported by either the US or the USSR. Once the cold war ended, the funding and support was gone. Which led to the destabilization and war that we know today. Both governments and companies in Africa, use PMC for security or as a temporary measure to supplement their armed forces or police. The case study I have chosen to look at is the Congolese war of the 1960's, as it had large eliminants of mercenary forces fighting in it and being home to a large amount of valuable resources. In a declassified national intelligence estimate, made in 1968, after the war. The resources of the Congo were duly noted. As it states that the brightest spot for the ecnomic future of the congo would be the "continued high output of copper, zinc and cobolt." Quick background on the war, it was basically an independence struggle, but in the context of the cold war, it was a proxy war. With the US and USSR supporting different sides. This war need not have happened, as it was mostly a case of fear of the Communist threat, that actually wasn't there. The USSR only got involved in the congo after the then leader, Lumumba asked for aid against a CIA takeover. This case study will give us a look at how mercenary forces operate and how affective they are. According to a declassified State department file, there were, " Two organizations (of mercs) Fifth command and Sixth Command, Fifth command consisting mainly of South Africans, and 6th command made up of 78 with mostly people from Europe." This document also goes into some detail on how they will be used in the conflict. It was their hope that the Mercenaries would take part in offensives and then some of them would transition to internal security in the congo to maintain the peace. The document states," Plans for use if the Mercenaries. (fifth command) Will be used as Primary fighting force during offensive operations." The document continues by stating that some of the mercenaries will remain in the Congo for some period of time(several months)." The internal security of the Congo is also mentioned, as the writer of the document believes injection Europeans into the police forces, will help to ensure law and order. However, the document shows us the beginning of troubles with the conduct of the mercenaries. As it was disclosed that a mercenary platoon stationed in a town called Bumba, engaged in pillaging. However, the writer of this document concludes that the pillaging is over with and that it was just a case of poorly trained and organized troops and not a wider issue. The writer directly states, "Both VDW and Major Hoare feel it improper to judge all mercenaries on the basis of actions of one untrained platoon." They still discuss limiting reporter access to the mercenary companies but understand it will be hard to control the actions of certain mercenary platoons. file:///Users/spencerbowlus/Downloads/CK 2349493649.pdf file:///Users/spencerbowlus/Downloads/CK 2349391740.pdf

Case study Background

Congo war was a proxy war between the USSR and USA Mercenary groups engaged in active combat

Mad Mike' Hoare, Irish Mercenary Leader in Africa, Dies at 100 - The New York Times

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[Audio] In the second report sent by the US mission to the Secstate, we can see the true down side of relaying on mercenary companies, rebellion. According to the report, " Mercanry revolt in Kisangani, Bukavo and elsewhere. Complete surprise to us as well as to the Congolese and Belgians." The nest part I found a little amusing as the report also stated, " many are saying they knew of mercenary potential for disloyalty." What happened during the revolt? Apprx, 450 men ( battalion sized: seized the airprt and main bank of the city of Kisangani. These men were then reenforced by another mercenary force of around 600. Potential objectives of the mercenaries: Established firm control over as much of east congo as possible, as a base into wi=hich reinforcements could be brought Once a strong base established, move south in Katanga and if possible control Katangese mineral resources. The report also tries and figures out how this rebellion took place. They believe it is possible that intermural mercenary rivalry could have played a big part in the rebellion. file:///Users/spencerbowlus/Downloads/CK 2349488559.pdf

The Rebellion

Several mercenary commands rebelled Taking over several cities in Eastern Congo intermural mercenary rivalry could have played a big part in the rebellion

Map of the Democratic Republic of Congo showing 11 provinces. Provinces... | Download Scientific Diagram

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[Audio] The case study of the Congolese war is a cautionary tail about the use of Private fighting forces. While, the dangers of PMC's are well known, their use will likely only increase in the coming decades. As the realities of modem war, which often involve anti-insurgency counter measures and the creation of occupying security force, Favor the use of privatization. The political risks involved with sending a PMC over to a country, compared to sending regular forces is often much less risky. Caskets of dead soldiers covered in the flag, quickly turn votes against you. Where the death of a few mercs is not going to ruffle as many feathers. Even if reports come out that the PMC was acting incorrectly, looting and pillaging, a country can quickly disown the PMC. Whereas a military unit committing crimes could tarnish the reputation of the entire military. It will be important for the future military leaders to understand the dangers associated with privatization. This will give them a better understanding on how far they can trust the PMC to complete their mission.

Conclusion

the Congolese war is a cautionary tail about the use of Private fighting forces Realities of modem war, which often involve anti-insurgency counter measures, favor the use of PMCs

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Bibliography

Lock , P. (n.d.). The Withering Military in Sub-Saharan Africa: New Roles for the Private Security Industry? Africa Spectrum , 33 (2). Avant, D. (n.d.). Lock , P. (n.d.). The Withering Military in Sub-Saharan Africa: New Roles for the Private Security Industry? Africa Spectrum, 33(2). . International Organization , 54 (1). Declassified File. FM SECSTATE WASHDC, TO USMISSION USUN National Intelligence Estimate. Prospects of the Congo. September 27, 1968 Declassified File. FM LEOPOLDVILLE, TO SECSTATE. Oct 28, 1964 Petersohn, U. (2014). The Impact of Mercenaries and Private Military and Security Companies on Civil War Severity between 1946 and 2002. International Interactions . Cameron , L. (n.d.). Private military companies: their status under international humanitarian law and its impact on their regulation. International Review , 88 (863).