The United States have failed to see the evolution of warfare and the political reality of Iraq and Afghanistan before troops moved in. Every war brings changes to society and these particular armed conflicts facilitated the rise of the private military industry. Once the private military firms deployed armed personnel, a series of legal and ethical issues appear: is the employee to be regarded as a soldier or as a civilian? Can private military firms use lethal force? Under what circumstances? If abuses are committed, is the company to be held responsible since it provided weapons and ammunition?

The government failed to provide quick and concise solutions to these problems leading to serious human rights abuses.

In a two-week visit to the United States, the UN Working Group focused on the impact that private security contractors in Afghanistan and Iraq have on human rights. The Group expressed concern about the lack of public information on the contracts as well as poor investigations into human rights abuses committed by the firms.

Little or no information is available to the public on the contracts between the US Government and the private military firms operating in the Iraq and Afghanistan. “There is still very little information accessible to the public on the scope and type of contracts,” the Group writes in a press statement.

The Group is also concerned about the gaps in legislation that fail to regulate the activities of Private Military Security Companies (PMSCs). “It is indeed the responsibility of the state to ensure that any contractor to which it outsourcers its functions, fully respects human right, and, in cases of violations is prosecuted and held accountable.”

A private military company known as DynCorp, founded by President Harry Truman after World War 2 to provide jobs for former soldiers, was sued in 2002 by Ecuadorian farmers for spraying highly toxic pesticides in the Amazonian jungles, near the border of Ecuador and Columbia. The company was held responsible for over 1,100 cases of illnesses and the death of two children.

“Violations of human rights committed by private security contractors may include excessive use of force which could lead to injuries or death and which, prior to January 2009, were often not adequately investigated and prosecuted by the relevant authorities,” reads the UN Working Group’s press statement.

DynCorp has a history of abuses. Hired in Bosnia to provide maintenance support for the US military, its employees engaged in illegal and immoral activities. A former DynCorp aircraft mechanic working on Apache and Blackhawk maintenance testified in court that one of his colleagues “owned a girl who couldn’t have been more that 14 years old.”

Some employees and supervisors of DynCorp have engaged in illegal weapons acquisition and passport forging activities and have been involved in immoral activities such as buying and selling of women for personal enjoyment. Other DynCorp officers who have been practicing sex-trafficking were never put to justice as they had immunity from prosecution in Bosnia. They were, however, forced to resign.

More recently, as operations in Afghanistan escalated, the US army is looking for private security contractors to protect military camps. The US policy is to increase the number of PMSCs active in Afghanistan.

Shaista Shameen from the UN Working Group says that “we are particularly preoccupied that the use of PMSCs to protect US forward operating bases in most places of Afghanistan may further dilute the distinction between military and civilian personnel.” The increase of private security firms may “tend towards an extensive privatization of war,” Shameen adds.

Among the firms hired by the US military in Iraq and Afghanistan is the notorious Blackwater, now known as Xe. The company has been involved in numerous scandals and now faces charges of human rights violations. The company is known to have sent different amounts of money to the families of Iraqis killed. Blackwater founder Erik Prince officially stated that he paid $20,000 to a family and $5,000 to another.

Recent sworn statements filed on August 3 in federal court Virginia by an employee and a former US Marine who has worked for Blackwater accuse Mr. Prince of the murder of people who were investigating the company. The two individuals, identified for safety reasons as John Doe 1 and John Doe 2, also said that Blackwater was smuggling weapons in Iraq using Prince’s private planes and that the company destroyed incriminating videos, email and documents to deliberately deceive the US State Department.

A few days earlier, the government extended Blackwater’s contract for more that $20 million for security services. However, the Iraqi government refused to provide the company with an operating license.

Blackwater-Xe has denied the accusations saying that it would file a brief on August 17 in response “to the anonymous unsubstantiated and offensive assertion put forward by the plaintiffs.”

Meanwhile, Blackwater-Xe employees spread fear in the Pakistani town of Peshawar. Residents fear the company for its reputation. A local said that the company’s personnel behave rudely and “sometimes point guns at people without provocation.”

The UN Working Group recommends that “Congress should adopt legislation that comprehensively provides criminal jurisdiction over contractors and civilian employees, including those working for the intelligence agencies and ensure its effective implementation.”

In addition, the US Government “should ensure victims’ right to an effective remedy and ensure that victims have access to justice.” The Group also says that the public should have more information available on the number of PMSCs operating under US contracts.

Vlad Jecan on Aug 10th 2009 at 4:09 am Current Conflicts