Military and Contractor Justice in Iraq

Abstract

Thesis: Insurgent attacks on personnel, logistics, and key infrastructure in Iraq are a well established reality for that theater. Private security contractors (PSC's), hired by both the United States government and private companies; have filled a void; providing security where the military cannot. The security provided by PSC's could be considered effective, however numerous incidents in the application of deadly force by PSC's have called into question their accountability and effectiveness to the overall mission of Operation Iraqi Freedom. Discussion: Private security contractors have been protecting personnel, logistics, and infrastructure in Iraq since 2003. The contractors have performed their security mission well, but sometimes at the cost of overall mission in Iraq. While the military is governed under the Uniform Code of Military Justice, and the application of deadly force determined appropriate by the Rules of Engagement; PSC' s are not held to the same standard, even though they perform a core-mission of the military. In fact, in some cases PSC's who have been determined to have applied deadly force inappropriately have not been held accountable at all. Some have been merely been fired, and sent back to their respective countries; whereas military personnel suspected of the same offense have been court-martialed. A stark gap of accountability exists. Conclusion: The U.S. Government, as well as numerous private corporations, employ a plethora of PSC' s in Iraq, in order to enhance the security provided by the military. Providing security in a combat zone is a core-mission of the military. PSC' s who perform this core-mission of the military should be held accountable for their actions in the same manner as the US military, under the Uniform Code of Military Justice.

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Document Details

Document Type
Technical Report
Publication Date
Mar 23, 2010
Accession Number
ADA603339

Entities

People

  • James L. Janay

Organizations

  • Marine Corps University

Tags

Communities of Interest

  • Biomedical
  • Human Systems

DTIC Thesaurus Topics

  • Accountability
  • Air Force
  • Contractors
  • Contracts
  • Department Of Defense
  • Department Of State
  • Employment
  • Improvised Explosive Devices
  • International Law
  • Management Personnel
  • Military Personnel
  • Personnel Management
  • Private Military Companies
  • United States
  • United States Central Command
  • United States Government
  • Warfare

Readers

  • Government Contracting/Procurement.
  • Government and Public Administration Law.
  • Military and Counterinsurgency Studies.