The second largest contingent of armed forces in Iraq are not the Brits, but instead PMCs, PMFs, PSCs, and PSFs- PMC Private Military Company, PMF Private Military Firm, PSF Private Security Firm, and PSC Private Security Contractor ( or Private Security Company ). These terms are all terms for “international security firms.” These are distinguished from ordinary security agencies in that they use and/or provide training in military methods, leadership, and/or equipment. An estimate is that there’re in the neighborhood of 15 thousand to twenty thousand people employed by PMFs currently in Iraq. The coalition’s Program Management Office in Baghdad says, security provisions have risen to 10 per cent of the $18.4bn the US has earmarked for investment in Iraq.
While an individual employee, (or an individual “subcontractor”, depending), is a “soldier for hire,” for various reasons many of them’re prob’ly not legally mercenaries. Both the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, and the Additional Protocol 1 added to the Geneva Conventions on June 8, 1977 exclude many of these people on the grounds that they’re either a national of a party to the conflict or a resident of territory controlled by a party to the conflict.
Nationals from coalition countries, (and Iraq), while not prohibited from being mercenaries, are oddly incapable of being mercenaries, in Iraq.
Nationals from any of the coalition countries, (or Iraq), though “not a member of the armed forces of a party to the conflict,” nor “sent by a State which is not a party to the conflict on official duty as a member of its armed forces,” and yet “specially recruited locally or abroad in order to fight in an armed conflict,” and who are essentially motivated to do so by the desire for significant private gain, and, in fact, are 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, can:
[ul][li]be commanded by a person responsible for his subordinates; [/li][li]carry arms openly;[/li][li]have a fixed distinctive emblem recognizable at a distance;[/li][li]conduct their operations in accordance with the laws and customs of war;[/ul](fulfilling the barest requirements of “Armed Forces”),[/li]and, “in fact, take a direct part in the hostilities” without falling under the category of mercenary, in Iraq.
In addition, recalling that under international law occupying powers, including their forces, personnel, property and equipment, funds and assets, are not subject to the laws or jurisdiction of the occupied territory, non-Iraqi business entities or individuals not normally resident in Iraq supplying goods and/or services to or on behalf of the Coalition Forces or the CPA under contractual arrangements or to or on behalf of Coalition contractors and in respect of Coalition or CPA activities under contractual arrangements, as well as their employees not normally resident in Iraq, are immune from Iraqi Legal Process with respect to acts performed by them within their official activities pursuant to the terms and conditions of a contract between a contractor and Coalition Forces or the CPA and any sub-contract thereto, during the period of authority of the CPA.
Thus none of the personel of these armed forces in Iraq contracted to Coalition Forces, the CPA, or Coalition contractors are bound by Iraqi law during the period of authority of the CPA.
Interestingly, while “non-Iraqi business entities” are immune, any of their employees “normally resident” in Iraq are not. [Where do Ahmed Chalabi and the INC’s other prodigal Iraqis “normally reside,” btw?]
Further, as to acts or omissions of Coalition contractors etc., which are not performed by them in the course of their official activities, no Iraqi or CPA Legal Process shall be commenced without the written permission of the Administrator of the CPA. Presidential Envoy, Ambassador L. Paul Bremer III, Administrator of the Coalition Provisional Authority, himself, has to okay the commencement of all Iraqi or CPA legal processes for anything that Coalition contractors and subcontractors do in their off time.
Of course, this immunity “may be waived by the Parent State.”
Everything in these cases depends on the parent state.
In some cases, (but not all), American contractors and employees may become legally liable for their actions under the purview of The Military and Extraterritorial Jurisdiction Act. If such a case were to occur, the Secretary of Defense, Donald Rumsfeld himself’d have to designate and authorize someone in a law enforcement position in the DoD, to make the arrest.
But for the most part there’re few established legal mechanisms for dealing with potential, serious misconduct by these sorts of contractors. (Fortunately, we must have a really good batch of them over there. Despite having thousands of contractors in Iraq for so long, there’re yet to be any legal processes commenced regarding their illegal activites.;))
This is the story of one PSC in particular, Erinys HQed in either London or Johannesburg, South Africa, (with offices in Dubai and Baghdad as well).
Erinys Iraq is a prime contractor to the Gulf Regional Division of the United States Army Corp of Engineers, tasked with providing nationwide personal security details and protective services. And is contracted to the Iraqi Ministry of Oil to recruit, train, equip and manage 14,000 Iraqi security guards to protect the national oil infrastructure of Iraq. Erinys also provides site security for Fluor, a US contractor working to restore Iraq’s power infrastructure. Erinys has been awarded subcontracts to protect American construction contractors, including Halliburton’s subsidiary Kellogg, Brown and Root.
Faisal Daghistani is a founder and director of Erinys Iraq. Faisal Daghistani is the son of Tamara Daghistani, one-time INC humanitarian co-ordinator, key player in the creation of the INC, close friend of and allegeded getaway driver for Ahmed Chalabi.
Erinys Iraq was financed by Nour USA Ltd. Nour USA Ltd was founded by Abul Huda Farouki, “a businessman with close ties to Chalabi” Within days of the award to become the “oil police” last August, Nour became a joint venture partner with Erinys and the contract was amended to include Nour. Jordanian court records show that by May 1989, bankrupt Farouki companies owed Petra International more than $12 million. Petra was the second-largest commercial bank in Jordan. It experienced dire problems under Chalabi, (hence the court records).
This relationship between Mr. Farouki and Mr. Chalabi, (and, of course, Mr. Chalabi’s relationships with key members of Pentagon staff), and the potentials for conflict of interests have been the subject of much international speculation recently. Specifically regarding the $327 million contract, (temporarily), awarded to Mr. Farouki’s Nour USA to supply four battalions of the new Iraqi army with rifles, uniforms and other equipment, despite Nour USA’s lack of a past performance record of similar contracts as required by bid guidelines. Some contend that that the equipment alone would cost more than $500 million.
According to Erinys founder and director, Mr. Daghistani, Erinys employees include members of the US-trained Iraqi Free Forces, who entered Iraq with Mr Chalabi. U.S. Marine Gen. Peter Pace, vice chairman of the Joint Chiefs of Staff said these forces would “become basically the core of the new Iraqi army once Iraq is free.”
Erinys Iraq, is without a doubt heavily beholden to members of the INC, and “associates” of Chalabi, so it’s not surprising that some have accused the Iraqi National Congress, of undermining central authority by backing the creation of a private military company to secure the oil sector and asked if this is Chalabi’s private army.
Erinys Iraq, (and its subcontractors), as a non-Iraqi business entity, and its employees “not normally resident in Iraq”, (arguably a number of the ex-exiles), are immune from Iraqi Legal Process with respect to acts performed by them within their official activities. And in regards to their acts or omissions which are not part of their official activities it takes an act of Presidential Envoy, Ambassador L. Paul Bremer III, Administrator of the Coalition Provisional Authority, himself to even begin a CPA or Iraqi legal process. Further, US code has no jurisdiction over them either, (unless the personel’re American citizens).
Employees of Erinys, (and its subcontractors), who’re neither normally resident in Iraq, nor American citizens, are not subject to any legal liability for “acts performed by them within their official activities.” While this could include many of Erinys’s recruits from the Iraqi Free Forces, it definitely includes those working for Erinys such as Francois Strydom, former member of the counter-insurgency group Koevoet, (an outlaw group that paid bounty for the bodies of blacks), and Deon Gouws, who worked with the notorious Vlakplaas death squad. Estimates are that there’re up to 1500 South Africans working for PSCs despite SA laws prohibiting doing so.
US taxpayers’ dollars have gone to establish and train a “legally lawless” militia for Iraqi National Congress trained by the likes of Mr. Strydom and Mr. Gouw.
Debate: Is there anything wrong with this scenario?