Privatizing Peacekeeping : The Growing Prominence of Private Security Companies in Conflict and Crisis Colonel Christopher T. Mayer, U.S. Army NOTE: This presentation was given to the 74 th UN Civil-Military Officer’s Staff Course in Accra, Ghana in September 2007

Private Military Company A corporate body that specializes in providing military skills to legitimate governments. Such skills may include training, planning, analysis of intelligence, operational support, and technical support. Also: Private Military Firms, Privatized Military Companies, Private Military Corporations, and similar

Private Security Company Armed Contractors, whose mission set is limited to providing defensive protection for personnel, facilities, and (more rarely) materiel. PSCs have limited armament and do not engage in combat (battles and engagements.) Armed Contractors, whose mission set is limited to providing defensive protection for personnel, facilities, and (more rarely) materiel. PSCs have limited armament and do not engage in combat (battles and engagements.) PSCs Protect People, Places, and Things from Criminal and other unlawful violence in areas where the rule of law has been compromised PSCs Protect People, Places, and Things from Criminal and other unlawful violence in areas where the rule of law has been compromised

Humanitarian Relief Organization A group that provides or supports relief assistance to mortally endangered populations. This includes nongovernmental organizations, UN agencies, Red Cross organizations, international organizations, and some elements of donor agencies.

Complex Contingencies Any military operation (other than large scale combat) executed in conjunction with a humanitarian assistance operation

The Operational Environment PSC/PMCs typically operate in environments where Rule of Law is compromised PSC/PMCs typically operate in environments where Rule of Law is compromised “Host Nation” governments my not have effective legislation, police, judicial, or penitentiary capability “Host Nation” governments my not have effective legislation, police, judicial, or penitentiary capability Applies to oversight of the legitimate use of force as well as to criminal activity and other unlawful violence Applies to oversight of the legitimate use of force as well as to criminal activity and other unlawful violence Challenge is to use PSCs in a way that supports, rather than undermines legitimacy of the government and rule of law Challenge is to use PSCs in a way that supports, rather than undermines legitimacy of the government and rule of law Demands realistic application of host nation government authority Demands realistic application of host nation government authority War or Disaster InterventionStabilizationRecovery Humanitarian Relief “Reconstruction Under Fire”

Non-combat roles in support of Military Operations PMCs act as economy of force to INDIRECTLY support stability, security, reconstruction and transition operations PMCs act as economy of force to INDIRECTLY support stability, security, reconstruction and transition operations Security for Personnel, Materiel, and Facilities Security for Personnel, Materiel, and Facilities Staff Assistance Staff Assistance Civil Affairs Civil Affairs

Support for Humanitarian Relief Organizations Direct protection for personnel and materiel Direct protection for personnel and materiel Intelligence Intelligence Coordination and Liaison Coordination and Liaison Local population Local population “Arm’s Length” Cooperation with Military “Arm’s Length” Cooperation with Military

PMCs Present Real Risks Legitimacy Legitimacy Security Security Unity of Effort Unity of Effort

PMCs can undermine Legitimacy PMCs have not always been on the side of the angels PMCs have not always been on the side of the angels Illegitimate use of PMCs Illegitimate use of PMCs Violations of International Humanitarian Law Violations of International Humanitarian Law Violations of Anti-Mercenary International Agreements Violations of Anti-Mercenary International Agreements The very use of a PMC can undermine legitimacy of the effort The very use of a PMC can undermine legitimacy of the effort

PMCs can compromise Security Hostile Infiltration Hostile Infiltration Direct and indirect pressure Direct and indirect pressure Intimidation Intimidation

Challenges for Unity of Effort Parallel or divergent operations and objectives Parallel or divergent operations and objectives “Stovepipe” employment “Stovepipe” employment Lack of interoperability Lack of interoperability With Military With Military With Other PMCs With Other PMCs The Commercial Nature of PMCs The Commercial Nature of PMCs

US/Coalition Military* Other US/Coalition Gov’t* Host Nation Gov’t HRO Pvt Sector/ Commercial * Includes contractors accompanying the force ABC Protection Ltd DEF LLC ABC P Ltd HIJ AG XYZ Corp. Roles and Missions Complexity

Risk Management

Planning Objective: Begin with the End in Mind Objective: Begin with the End in Mind What are the obstacles to success What are the obstacles to success Combat? Combat? Terrorism? Terrorism? Criminal activity? Criminal activity? What resources do you have to counter those risks What 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 Legitimacy Reinforces Neutrality of HRO Reinforces Neutrality of HRO Promotes Information Operations Promotes Information Operations Civil Affairs Program Civil Affairs Program Respect Host Nation Sovereignty Respect Host Nation Sovereignty

Support for Security PSC Code of Conduct and Ethics PSC Code of Conduct and Ethics Effective and Vetting Effective and Vetting Effective Interviewing Effective Interviewing Continuous Follow-up Continuous Follow-up

Support for Unity of Effort PSC Steering Committee PSC Steering Committee Open Architecture C4 Open Architecture C4 Mandatory Cooperation Mandatory Cooperation With the Military With the Military With other PMCs With other PMCs ROC/CMOC Model ROC/CMOC Model

Accountability The fundamental perceived difference between government and contractor operations The fundamental perceived difference between government and contractor operations Accountability Exists Accountability Exists Host Nation Law Host Nation Law International Tort Law International Tort Law Accountability of Corporate Officers for Negligence Accountability of Corporate Officers for Negligence MEJA MEJA Employers must operate with transparency and support for the law Employers must operate with transparency and support for the law

Establishment and Enforcement of Industry Standards Governmental Bodies and the PMC Community is moving towards regulation and certification Governmental Bodies and the PMC Community is moving towards regulation and certification US DOD regulation of PSCs is extensive US DOD regulation of PSCs is extensive Planners should incorporate suitable standards into their contract award process Planners should incorporate suitable standards into their contract award process Standards should address these issues in any request for proposals: Standards should address these issues in any request for proposals: Contractor history (legitimacy) Contractor history (legitimacy) Personnel vetting (security) Personnel vetting (security) interoperability (unity of effort) interoperability (unity of effort)

Conclusion Private Military Companies will continue to play a critical role in complex contingencies and other crises Private Military Companies will continue to play a critical role in complex contingencies and other crises PMCs offer a wide variety of critical enablers to regular military forces and Humanitarian Relief Organizations PMCs offer a wide variety of critical enablers to regular military forces and Humanitarian Relief Organizations There is significant risk associated with PMCs There is significant risk associated with PMCs PMC employment requires competent program management to exploit their capabilities while mitigating risk PMC employment requires competent program management to exploit their capabilities while mitigating risk

Closing Thoughts PSC/PMCs typically operate in an environment where Rule of Law has been compromised PSC/PMCs typically operate in an environment where Rule of Law has been compromised Armed contractors must operate in a manner that promotes Rule of Law Armed contractors must operate in a manner that promotes Rule of Law Armed contractors must operate in a manner that promotes the legitimacy of the civil government Armed contractors must operate in a manner that promotes the legitimacy of the civil government These “MUST” items are all possible and practical, but are not being universally applied These “MUST” items are all possible and practical, but are not being universally applied