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last updated 27-Mar-2016
 
 
 
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During this period the invasion of Iraq is underway and PMCs/PSCs have become a mainstream topic. In no small measure, PMCs were catapulted into the spotlight, globally, due to the massive use of contractors in Iraq by the administration of George W. Bush. Many contractor controversies are reported by the news media and the debate starts focusing on a number of normative issues. At the same time, studies start to be more specialized in characters and the many authors start to focus on the technicalities involved in contracting out defense-related tasks to the private sector.
 
2004- 2006
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More topics soon!
 
 

 

CARBONNIER, Gilles. Privatisations, sous-traitance et partenariats public-privé : charity.com ou business.org? Revue internationale de la Croix-Rouge, no. 856, Décembre 2004, 725-743: PDF

RÉSUMÉ: L'auteur se penche plus particulièrement sur la privatisation de diverses f onctions militaires, y compris la gestion des lieux de détention, et de l'approvisionnement en eau potable et des services de santé. Il examine le rôle, les responsabilités et les obligations des diverses parties prenantes. L'auteur soulève ensuite la question de la rationalité économique de ce phénomène, ainsi que de la compatibilité entre l'objectif de rendement maximal propre au secteur privé et celui d'assurer la sécurité et la santé de la population. L'auteur prône une meilleure compréhension des apports et du mode opératoire du secteur privé dans les crises humanitaires, ainsi que du potentiel et des risques y relatifs, afin de renforcer la protection et l'assistance dont doivent bénéficier les communautés affectées par la guerre.

 

Human Rights Watch. Too High a Price. The Human Rights Cost of the Indonesian Military's Economic Activities. HRW Report, vol 18, no. 5(C). New York, June 2006: TEXT | PDF

SUMMARY: (...) his report provides a human rights analysis of military self-financing in Indonesia. The first part of the report reviews how the Indonesian military came to be involved in business activity, and explains how such activity has spread over time. It also examines the failure of government authorities to enforce rules against military commercialism. The second part of the report offers a detailed look at how the Indonesian military finances itself, providing the most comprehensive account to date of the nature and scope of the problem as viewed through a human rights lens. ... We find that the military supplements official funds using profits from its own businesses, (...)

 

International Committee of the Red Cross.Theme: Private military companies. International Review of the Red Cross, no. 863, 2006: TEXT

Military entrepreneurship is now an integral feature of contemporary war. The present edition of the International Review of the Red Cross highlights the variety of issues raised by the increased presence of private military companies (PMCs) in situation of armed conflicts.

Interview with Andrew Bearpark

COCKAYNE, James. The global reorganization of legitimate violence: military entrepreneurs and the private face of international humanitarian law

CLAPHAM, Andrew. Human rights obligations of non-state actors in conflict situations

GILLARD, Emanuela-Chiara. Business goes to war: private military/security companies and international humanitarian law

CAMERON, Lindsey. Private military companies: their status under international humanitarian law and its impact on their regulation

FALLAH, Katherine. Corporate actors: The legal status of mercenaries in armed conflict

PERRIN, Benjamin. Promoting compliance of private security and military companies with international humanitarian law
COTTIER, Michael. Elements for contracting and regulating private security and military companies
MONGELARD, Eric. Corporate civil liability for violations of international humanitarian law

 

ISENBERG, David. A Fistful of Contractors: The Case for a Pragmatic Assessment of Private Military Companies in Iraq. BASIC Research Report (2004.2), September 2004. [The article is no longer available; thus only listed for reference purposes]

ISENBERG, David. A government in search of cover: PMCs in Iraq. Paper prepared for "Market Forces: Regulating Private Military Companies," March 23-24, 2006 conference, Institute for International Law and Justice, New York University School Of Law: PDF [Unable to provide abstract, summary, or conclusions as the paper does not incorporate them]

JUNG, Stéphanie. Les Nouveaux Entrepreneurs de Guerre. Défis juridiques at implications politiques du recours aux sociétés militaires privées. Memoire de 4eme anée, section Etudes européennes, rédigé sous la direction du Professeur Vlad Constantinesco. Université Robert Schuman - Institut d'Etudes Politiques, Juin 2006: PDF

INTRODUCTION: (...) Nos expliquerons, en premier lieu, la réalité de ce « commerce de la guerre » commerce de la guerre et ses conséquences, tant du point de vue du contrôle démocratique et du respect de droits de l'homme, que de celui des opérations militaires. Nos examinerons en second lieue, le dispositif juridique d'encadrement de ces activités, et mécanismes de responsibilité du fait des actes commis par ces auxiliaires privés. (...)

 

LIPSIT, Carl (Colonel, United States Army). Operationalizing Contingency Contracting Considerations for Effective and Efficient Management of Contingency Contractors During Deployment. USAWC Strategy Research Project, Project Adviser: Professor Bernard GRIFFARD. U.S. Army War College, Carlisle Barracks, Pennsylvania, March 18, 2005: PDF

ABSTRACT: Contingency contractors are now a third component of the Army alongside the Reserve Component and the Active Force. The Department of Defense and the Army have seen a substantial increase in the use of contractors deployed with the force. The use of contractors for operational support is an acceptable risk for the combatant commander as the contractors are generally achieving their mission. Current force structure requires the use of contractors for contingency operations and there are many considerations to ensure the combatant commander is properly supported. From a contracting officer’s perspective, the operational Army and the Acquisition Corps must undergo a culture change to improve the integration of contractors into the overall theater support plan to gain further effectiveness and efficiencies. The most pressing areas needing improvement are ensuring there is adequate planning for contractor use, and their requirements for deployment and redeployment. Additionally, the Army must help create and adhere to a combatant commander’s theater management policies to make sure contractors deploying with the force are used both effectively and efficiently. New plans for better overall integration of Army Acquisition Corps Contingency Contracting Officers will greatly assist in meeting the needs of Combatant Commanders and their staffs to ensure the multitude of considerations are included in the planning process.

 

MANKER, James E Jr. and Kent D WILLIAMS. Contractors in Contingency Operations: Panacea or Pain? Air Force Journal of Logistics, Special Feature. Fall 2004, vol. 28, no. 3, 14-23: PDF

INTRODUCTION: The Department of Defense (DoD) has become increasingly reliant on contractors to accomplish the mission. Declining budgets and the reduction in force structure stemming from the peace dividend from the end of the Cold War forced the DoD to seek less expensive and more efficient ways of doing business. More and more, contractors are being called on to perform tasks historically performed by military personnel. A myriad of factors addressed in the forthcoming pages drive continued reliance on contractors. One reason, often touted, is that contracting out operations saves money. On the surface, this seems to be true, but is the United States really saving money? Is the military required to prove it?

 

ORTIZ, Carlos. Embryonic Multinational Corporations and Private Military Companies in the Expansion of the Early-Modern Overseas Charter System. 47th Annual ISA Convention: “The North-South Divide and International Studies” - Panel WC08: “The State, the Market, and Soldiering: A Look Back and a Look Beyond.” San Diego CA, March 22-25, 2006: PDF

CONCLUDING REMARKS: (...) The case has been argued here for a pre-history of the PMC and not a perfect organizational and operational parallel. In this17 pre-history, the security cover provided by these forces in particular accompanied the expansion by an early form of private corporation of overseas business and, more generally, Western expansion. ...Like PMCs, they were private multinational entities that rendered services that involved the potential to exercise force in a systematic way and by military means, and whose function was institutionalized into the workings of the world economy. (...)

 

SCHREIER, Fred and Marina CAPARINI. Privatising Security: Law, Practice and Governance of Private Military and Security Companies. The Geneva Centre for the Democratic Control of Armed Forces (DCAF). Occasional Paper no 6, Geneva, March 2005: PDF

EXECUTIVE SUMARY: (...) Today, PMCs and PSCs constitute an im portant component of the security sector. This paper is a broad overview of the i ssues and challenges evoked by PMCs and PSCs, presenting the various typologies that are suggested by the range of services, activities and characteristics of the emergi ng private military and security industry. The advantages and disadvantages of using such firms are discussed in various contexts, as are the challeng es connected with the regulation and governance of this sector. (...) .

 

SMALL, Michelle. Privatisation of Security and Military Functions and the Demise of the Modern Nation-State in Africa. The African Centre for the Constructive Resolution of Disputes, Durban, South Africa. ACCORD Occasional Papers, vol. 1, no. 2, 2006: PDF

ABSTRACT: (...) Military re-structuring, outsourcing, and privatisation affect the very core of the state: its foundations, its authority, and, most worryingly, its control. Whilst states have long made use of forms of private security, these were largely ad hoc, covert, transient groupings that, having served a purpose, dissipated as promptly as they formed. The Private Security Industry (PSI), Private Security Companies (PSCs,) and Private Military Companies (PMCs), on the other hand, embody an industry operating openly on the global market, organised along permanent4 corporate lines, and showing signs of growth rather than contraction. (...)

 

THOMSON, Mark and Alison DRURY (Australian Strategic Policy Institute). War and Profit: Doing business on the battlefield. ASPI. Australia, March 30, 2005: PDF

DIRECTOR'S INTRODUCTION: This ASPI report looks at the emerging role of the private sector in support of military operations and examines the opportunities and challenges this creates for the Australian Defence Force (ADF). The result is a set of recommendations to optimise the private sector’s role in supporting Australia’s national security in or near conflict zones.
Visit the RESEARCH CENTERS section to see other think-tanks like ASPI

 

TIPLING, Dustin M. The Military Extraterritorial Jurisdiction Act and Its Implications for Private Military Companies. The Berkeley Electronic Press, Working Paper no. 1363, 2006: PDF

THESIS: Private Mi litary Companies (PMCs) are civilian staffed cor porations that provide military (and law enforcement) ser vices, logistics, and support under contract to a government both inside and outside the country’s borders . Prior to Congress passing the Military Ext raterritorial Jurisdiction Act , U.S. courts lacked jurisdiction to prosecute civilians accompanying United States’ Armed Forces overseas . This article will specifically address how the United States exercises jurisdiction and prosecutes the civilian emplo yees of PMCs in United States courts for crimes they have committed in foreign countries while working under contract to the United States government.

 

TRAUTNER, Donald L. A Personal Account and Perspective of the U.S. Army Logistics Civil Augmentation Program (LOGCAP). Paper presented at the 2004 Conference of Army Historians, Arlington, Virginia, July 15, 2004: PDF

ABOUT THE AUTHOR: Mr. Donald L. Trautner has served as the Program Manager of Logistics Civil Augmentation Program (LOGCAP) Program Management Office, U.S. Army Field Support Command, Rock Island Arsenal, Illi nois. AFSC is a Major Subordinate Command of U.S. Army Materiel Command. He designed and executed the U.S. Army LOGCAP Umbrella Contract as it is known today and presented here in this paper. Mr. Trautner presented this paper on LOGCAP at the Conference of Military Historians. This biennial conference is sponsored by the U.S. Army Center of Military History. Mr. Trautner presented his paper on 15 July 2004.

 

UREY, Ronda (Colonel, United States Army). Civilian Contractors on the Battlefield. USAWC Strategy Research Project, Project Adviser: Dr. Richard M. MEINHART. U.S. Army War College, Carlisle Barracks, Pennsylvania, March 18, 2005: PDF

ABSTRACT: The growing dependence on contractors in today’s nonlinear battlefield, combined with its explicit inclusion stated in the current military strategy, provides the need to critically examine the subject of contractors on the battlefield. To bound this complex area of study, this paper will briefly discuss the background of contractor support to the military and review the current policies and doctrine involving logistical services provided by contractors in combat operations, specifically focused on the United States Army. It will then concentrate on the challenges of managing contractors on the battlefield as well as identifying the associated legal issues. Lastly, the paper looks ahead to the Department of Defense’s ongoing efforts to better manage contingency contractor personnel providing support to U.S. military forces in combat environments. The paper concludes with an assessment of the adequacy of draft Defense policies and instructions and provides recommendations on actions the Department of Defense should take to establish policies and instructions to ensure a seamless partnership between the military force and the civilian contingency contractors.

 

War on Want: Corporate Mercenaries. The Threat of Private Military and Security Companies. London, October 30, 2006: PDF

PREFACE: (...) The following pages examine the rapid expansion of private military and security companies (PMSCs), particularly as a result of the occupation of Iraq. As well as providing information on the activities of these companies, the report urges all readers to call on the UK government to introduce legislation as a matter of urgency in order to bring PMSCs under democratic control. More than four years have passed since the government produced its Green Paper highlighting the challenge posed by PMSCs, and yet there has been no move to regulate their operations. Mercenaries must not be allowed to threaten peace and security around the world in the name of corporate profit.

 

 
 
 
 

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