If They Walk Like Lawful Combatants, and Talk Like Lawful Combatants, They Are Lawful Combatants: Defining the Status of DOD Private Security Contractors Under the Geneva Conventions

Abstract

The current operating environment has seen an unprecedented number of private security contractors such as Black Water and Dynacorp engaging in combat with enemy forces in Iraq and Afghanistan. One of the many issues raised is whether such contractors are protected under the Geneva Conventions. The answer to this question is crucial for commanders as the United States prosecutes current and future combat operations along side of civilian security contractors. Private security contractors conducting combat operations on behalf of the United States are civilians and should be afforded all of the protections granted to lawful combatants. They satisfy the definition of a combatant protected by Article 44 of the Geneva Conventions, Additional Protocol of 8 June 1997, and they are defacto members of the United States armed forces.

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Document Details

Document Type
Technical Report
Publication Date
Feb 19, 2008
Accession Number
ADA510597

Entities

People

  • E. Leckie

Organizations

  • Marine Corps University

Tags

Communities of Interest

  • Human Systems
  • Weapons Technologies

DTIC Thesaurus Topics

  • Combat Operations
  • Command And Control
  • Congress
  • Contractors
  • Contracts
  • Court Martial
  • Department Of Defense
  • Geneva Conventions
  • International Law
  • Law
  • Marine Corps
  • Personnel Management
  • Prisoners Of War
  • Private Military Companies
  • Security
  • Security Personnel
  • United States

Readers

  • Government Contracting/Procurement.
  • Strategic Security Studies