United States of America - Non-State armed groups
 
 
 
INVOLVEMENT IN ARMED CONFLICT 
 
Current conflicts 
Peace operations 
Non-state actors 
Applicable international law 
 
LEGAL FRAMEWORK
 
National
Legislation 
Judicial decisions 
Other
 
International
International treaties adherence 
Regional treaties adherence 
UN resolutions and reports 
Regional organisations resolutions and reports 
UN Human Rights Council Universal Periodic Review 
United States of America
 
Non-state actors
 

Private military and security companies

Following an incident on 16 September 2007 resulting in the death of 11 Iraqi civilans and involving Blackwater USA, the Governments of the United States and Iraq have agreed to establish a joint commission of inquiry to examine issues of security and safety related to US Government-affiliated personal security detail operations in Iraq.

It is still disputed whether private military companies (PMCs) fall under the War Crime Act, the Uniform Code of Military Justice or the Military Extraterritorial Judical Act (see National legislation section). Congress held hearings on PMCs contracting in Iraq and Afghanistan.

On 20 August 2010, a deal between Blackwater and the US Department of State was announced wherein the company agreed to pay $42 million for violations of US export control regulations. These were said to include illegal weapons exports to Afghanistan, making unauthorized proposals to train troops in south Sudan and providing sniper training for Taiwanese police officers.

Former Abu Ghraib prison detainees filed a suit against these companies in the US District Court for the Central District of California for allegations of torture and war crimes (see case below and Center for Constitutional Rights).

On September 11 2009, the US Court of Appeals for the District of Columbia Circuit, rejected the lawsuit brought against TITAN Corporation by Iraqi plaintiffs alleging torture at the Abu Ghraib prison: Saleh, et al. v. Titan Corporation.

See also National Judicial Decisions Section

 

Additional sources

Coalition Provisional Authority, Registration Requirements for Private Security Companies, Memorandum

FAFO, Commerce, Crime and Conflict Survey on the USA, 6 September 2006

Senate Bill 2996 aimed, among other things, to prohibit the CIA from allowing security contractors to interrogate detainees. Approved by the Senate on 1 May 2008.

US House of representatives, "Warlord, Inc., Extortion and Corruption Along the U.S. Supply Chain in Afghanistan", June 2010, Report on how the private contracting of the US supply chain in Afghanistan has ended up favoring corruption and benefiting the Taliban themselves.

 

Last updated: 20 August 2010

See also:

   
Ibrahim et al. v Titan Corporation et al., Saleh et al. v. Titan Corporation et al., United States District Court for the District of Columbia, Case 1:05-CV-01165-JR, 11 June 2007.
CRS report for Congress, "The Department of Defense’s Use of Private Security Contractors in Iraq and Afghanistan: Background, Analysis, and Options for Congress", 29 September 2009
United States of America links
   
   
Wednesday, 08 September 2010
Copyright 2010 © Geneva Academy of International Humanitarian Law and Human Rights, Switzerland 
webmaster