Privatizing Privatizing PeacekeepingPeacekeeping::

The Growing Prominence of The Growing Prominence of Private Security Companies Private Security Companies

in Conflict and Crisisin Conflict and Crisis

Colonel Christopher T. Mayer, U.S. ArmyColonel Christopher T. Mayer, U.S. Army

NOTE: This presentation was given to the 74NOTE: This presentation was given to the 74thth UN Civil-Military UN Civil-Military Officer’s Staff Course in Accra, Ghana in September 2007Officer’s Staff Course in Accra, Ghana in September 2007

Private Military CompanyPrivate Military Company

A corporate body that specializes in providing military A corporate body that specializes in providing military skills to legitimate governments. Such skills may skills to legitimate governments. Such skills may include training, planning, analysis of intelligence, include training, planning, analysis of intelligence, operational support, and technical support.operational support, and technical support.

Also: Private Military Firms, Privatized Military Also: Private Military Firms, Privatized Military Companies, Private Military Corporations, and similar Companies, Private Military Corporations, and similar

Private Security CompanyPrivate Security Company

Armed Contractors, whose mission set is limited to providing defensive Armed Contractors, whose mission set is limited to providing defensive

protection for personnel, facilities, and (more rarely) materiel. PSCs have protection for personnel, facilities, and (more rarely) materiel. PSCs have

limited armament and do not engage in combat (battles and engagements.)limited armament and do not engage in combat (battles and engagements.)

PSCs Protect People, Places, and Things from Criminal and other unlawful PSCs Protect People, Places, and Things from Criminal and other unlawful

violence in areas where the rule of law has been compromisedviolence in areas where the rule of law has been compromised

Humanitarian Relief OrganizationHumanitarian Relief Organization

A group that provides or supports relief A group that provides or supports relief

assistance to mortally endangered populations. assistance to mortally endangered populations.

This includes nongovernmental organizations, This includes nongovernmental organizations,

UN agencies, Red Cross organizations, UN agencies, Red Cross organizations,

international organizations, and some elements international organizations, and some elements

of donor agencies. of donor agencies.

Complex ContingenciesComplex Contingencies

Any military operation (other than large scale Any military operation (other than large scale

combat) executed in conjunction with a combat) executed in conjunction with a

humanitarian assistance operationhumanitarian assistance operation

The Operational EnvironmentThe Operational Environment PSC/PMCs typically operate in environments where Rule of Law is PSC/PMCs typically operate in environments where Rule of Law is

compromisedcompromised

““Host Nation” governments my not have effective legislation, Host Nation” governments my not have effective legislation, police, judicial, or penitentiary capabilitypolice, judicial, or penitentiary capability

Applies to oversight of the legitimate use of force as well as to Applies to oversight of the legitimate use of force as well as to criminal activity and other unlawful violencecriminal activity and other unlawful violence

Challenge is to use PSCs in a way that supports, rather than Challenge is to use PSCs in a way that supports, rather than undermines legitimacy of the government and rule of lawundermines legitimacy of the government and rule of law

Demands realistic application of host nation government Demands realistic application of host nation government authorityauthority

War or Disaster

Intervention StabilizationStabilization RecoveryRecoveryHumanitarian ReliefHumanitarian Relief

“Reconstruction Under Fire”

Non-combat roles in support of Military Non-combat roles in support of Military OperationsOperations

PMCs act as economy of force to INDIRECTLY PMCs act as economy of force to INDIRECTLY support stability, security, reconstruction and support stability, security, reconstruction and transition operationstransition operations

Security for Personnel, Materiel, and FacilitiesSecurity for Personnel, Materiel, and Facilities

Staff AssistanceStaff Assistance

Civil AffairsCivil Affairs

Support for Humanitarian Relief Support for Humanitarian Relief OrganizationsOrganizations

Direct protection for personnel and materielDirect protection for personnel and materiel

IntelligenceIntelligence

Coordination and LiaisonCoordination and Liaison

Local populationLocal population

““Arm’s Length” Cooperation with MilitaryArm’s Length” Cooperation with Military

PMCs Present Real RisksPMCs Present Real Risks

LegitimacyLegitimacy

SecuritySecurity

Unity of EffortUnity of Effort

PMCs can undermine LegitimacyPMCs can undermine Legitimacy

PMCs have not always been on the side of the angelsPMCs have not always been on the side of the angels

Illegitimate use of PMCsIllegitimate use of PMCs

Violations of International Humanitarian LawViolations of International Humanitarian Law

Violations of Anti-Mercenary International AgreementsViolations of Anti-Mercenary International Agreements

The very use of a PMC can undermine legitimacy of the The very use of a PMC can undermine legitimacy of the efforteffort

PMCs can compromise SecurityPMCs can compromise Security

Hostile InfiltrationHostile Infiltration

Direct and indirect pressureDirect and indirect pressure

IntimidationIntimidation

Challenges for Unity of EffortChallenges for Unity of Effort

Parallel or divergent operations and objectivesParallel or divergent operations and objectives

““Stovepipe” employmentStovepipe” employment

Lack of interoperabilityLack of interoperability

With MilitaryWith Military

With Other PMCsWith Other PMCs

The Commercial Nature of PMCsThe Commercial Nature of PMCs

US/Coalition Military*

Other US/Coalition

Gov’t*

Host Nation Gov’t

HROPvt Sector/ Commercial

* Includes contractors accompanying the force

ABC Protection Ltd

DEF LLC DEF LLC

ABC P Ltd

HIJ AG

XYZ Corp.

Roles and Missions Complexity

Risk ManagementRisk Management

PlanningPlanning

ObjectiveObjective: Begin with the End in Mind: Begin with the End in Mind

What are the obstacles to successWhat are the obstacles to success

Combat?Combat?

Terrorism?Terrorism?

Criminal activity?Criminal activity?

What resources do you have to counter those risksWhat resources do you have to counter those risks

What specifically do you want that resource to accomplish?What specifically do you want that resource to accomplish?

What does that resource need to successfully operate?What does that resource need to successfully operate?

Support for LegitimacySupport for Legitimacy

Reinforces Neutrality of HROReinforces Neutrality of HRO

Promotes Information OperationsPromotes Information Operations

Civil Affairs ProgramCivil Affairs Program

Respect Host Nation SovereigntyRespect Host Nation Sovereignty

Support for SecuritySupport for Security

PSC Code of Conduct and EthicsPSC Code of Conduct and Ethics

Effective and VettingEffective and Vetting

Effective InterviewingEffective Interviewing

Continuous Follow-upContinuous Follow-up

Support for Unity of EffortSupport for Unity of Effort

PSC Steering CommitteePSC Steering Committee

Open Architecture C4Open Architecture C4

Mandatory CooperationMandatory Cooperation

With the MilitaryWith the Military

With other PMCsWith other PMCs

ROC/CMOC ModelROC/CMOC Model

AccountabilityAccountability

The fundamental perceived difference between The fundamental perceived difference between government and contractor operationsgovernment and contractor operations

Accountability ExistsAccountability Exists

Host Nation LawHost Nation Law

International Tort LawInternational Tort Law

Accountability of Corporate Officers for NegligenceAccountability of Corporate Officers for Negligence

MEJAMEJA

Employers must operate with transparency and support Employers must operate with transparency and support for the lawfor the law

Establishment and Enforcement of Establishment and Enforcement of Industry StandardsIndustry Standards

Governmental Bodies and the PMC Community is moving Governmental Bodies and the PMC Community is moving towards regulation and certificationtowards regulation and certification

US DOD regulation of PSCs is extensiveUS DOD regulation of PSCs is extensive

Planners should incorporate suitable standards into their Planners should incorporate suitable standards into their contract award processcontract award process

Standards should address these issues in any request for Standards should address these issues in any request for proposals:proposals:

Contractor history (legitimacy)Contractor history (legitimacy)

Personnel vetting (security)Personnel vetting (security)

interoperability (unity of effort)interoperability (unity of effort)

ConclusionConclusion

Private Military Companies will continue to play a critical role in Private Military Companies will continue to play a critical role in complex contingencies and other crisescomplex contingencies and other crises

PMCs offer a wide variety of critical enablers to regular military PMCs offer a wide variety of critical enablers to regular military forces and Humanitarian Relief Organizationsforces and Humanitarian Relief Organizations

There is significant risk associated with PMCsThere is significant risk associated with PMCs

PMC employment requires competent program management to PMC employment requires competent program management to exploit their capabilities while mitigating riskexploit their capabilities while mitigating risk

Closing ThoughtsClosing Thoughts

PSC/PMCs typically operate in an environment where PSC/PMCs typically operate in an environment where Rule of Law has been compromisedRule of Law has been compromised

Armed contractors must operate in a manner that Armed contractors must operate in a manner that promotes Rule of Lawpromotes Rule of Law

Armed contractors must operate in a manner that Armed contractors must operate in a manner that promotes the legitimacy of the civil governmentpromotes the legitimacy of the civil government

These “MUST” items are all possible and practical, but These “MUST” items are all possible and practical, but are not being universally appliedare not being universally applied