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Civilian Contractors in the AO

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Civilian Contractors in the AO XXX Hyder Gulam HQ XXX

Examples: • April April 200 2004 4 - PMCs PMCs came came to to the rescu rescuee of regu regular lar mili militar tary y  personnel besieged in a compound in Najaf, using their   privately owned helicopters in a combat role, providing ammunition resupply, and ferrying out wounded military  personnel. • In 2004, 2004, a court court in Zimba Zimbabwe bwe sentence sentencess a British British citize citizen n to 7 years jail for attempting to procure guns for a military coup in Equatorial Guinea by a PMC.



Magna Carta 1215, the Free Companies, Condottieri in Renaissance Italy, 1950/1960’s Africa. Hx of PMCs and Mercenaries:

Objectives: • Rele Releva vant nt leg legal al pro provi visi sion onss • Why is this this area area impo import rtan ant? t? • Civi ivilia lian Cont Contra racctors tors • Priv Privat atee Mili Milita tary ry Com Compa pani nies es

References: • Crime Crimess (Forei (Foreign gn Incur Incursio sion n and Rec Recrui ruitme tment) nt) Act Act 1978 1978 (Cth). • Addition Additional al Protocol Protocol 1 of of 1977 1977 to the the Geneva Geneva Conventi Conventions ons of 1949 Article 47. • Internat Internationa ionall Conv Conventi ention on against against the Recruitm Recruitment, ent, Use, Financing and Training of Mercenaries (United Nations 1989). • ADFP ADFP 4.2.1 4.2.1 ‘Civ ‘Civili ilian anss in Suppo Support rt of ADF ADF Ope Operat ration ions’. s’. • DI(G) DI(G) OPS OPS 5-3 5-3 ‘Civil ‘Civilian ianss in suppo support rt of ADF ADF Ope Operat ration ions’. s’. • DI(G) DI(G) PERS PERS 25-2 25-2 ‘Emp ‘Employ loyme ment nt and and Volun Volunta tary ry Activ Activiti ities es of ADF members in Off-duty Hours’.

Definitions: •  Mercenaries - Individual combatants fighting in foreign conflicts for  financial gain. Most attention to mercenaries was drawn by their use against national liberation movements during the early post-colonial Africa period, and they are still prevalent today in many conflicts. Hired for their apparent military supremacy. •   Private Military Companies - Corporate entities offering a range of  military services to clients - predominantly governments that use these services to make a military impact - can include (at home) R&D, Admin, Deep Maintenance, as well as (in the AO) staffing Food halls, Construction, cleaning, logistics, etc to actual combat. •  Private Security Companies - Similar to PMCs but provide defensive security services to protect individuals and property. Private security companies are in theory distinct from PMCs in that they are usually unarmed and are concerned with the protection of property and  personnel, rather than having a military impact on a conflict in a given situation.

 Privately-flown Mi-24 Hind gunship operated against rebels in Sierra Leone.

Saurimo, in Eastern Angola. Angolan  Army units were trained in armour  operations by contract soldiers.

Crimes (Foreign Incursion and Recruitment) Act 1978 (Cth) • Act Act not not to appl apply y to acts acts done done for defe defence nce of Aust Austral ralia ia • Incursion Incursionss into into foreig foreign n State Statess with with intentio intention n of of enga engaging ging in hostile activities • Preparat Preparations ions for incursion incursionss into into foreign foreign States States for purpose purpose of engaging in hostile activities • Recruiti Recruiting ng perso persons ns to to join join organiza organizations tions engaged engaged in hostile hostile activities against foreign governments • Recrui Recruitin ting g person personss to serve serve in or with with an an armed armed forc forcee in a foreign State

Additional Protocol 1 of 1977 to the Geneva Conventions of 1949 Article 47. A mercenary shall not have the right to be a combatant or a PW. A mercenary is any person who: (a) is specially recruited locally or abroad in order to fight in an armed conflict; (b) does, in fact, take a direct part in the hostilities; (c) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is 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; (d) is neither a national of a Party to the conflict nor a resident of  territory controlled by a Party to the conflict; (e) is not a member of the armed forces of a Party to the conflict; and (f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.

Why is this area important? • UK Gove Governm rnmen entt is movin moving g towa towards rds the the regu regulat lation ion of UK  UK   private military companies to shake off the image of the ‘uncontrolled mercenary roaming the globe’. • NZ has enac enacted ted into into law law during during 200 2004 4 the the Mercenary  Activities (Prohibition) Act, which contains the legislative  provisions required to implement in New Zealand law the UN Mercenary Convention. This Act is made pursuant to the Convention, in that it criminalises the conduct of   persons who recruit, use, finance, or train mercenaries and of those who participate as mercenaries in combat during an armed conflict or in a concerted act of violence.

Why is this area important?- cont •

Over Over 1/5 of of US milit military ary empl employe oyees es are are contra contracto ctorr employ employees ees (ie (ie Blackwater, Vinnell Corporation, Halliburton, Dyncorp)



As of 200 2004, 4, spendi spending ng on PMC was US$203 US$203 billio billion. n.



Main issues:

- Unequal pay - Right to refuse when the situation becomes dangerous - PMCs poach from the military and erode Combat Effectiveness (not  bound to the Discipline Code) - Introduction of profit in the Combat Zone - Conflict of Interest? - Regulation of civilians (application of criminal law) - esp in States that don't have the equivalent of 'defence civilian' sign up - Wearing of uniforms, being issued side arms for personal protection, who gets priority for life saving equipment when supplies are limited (e.g. gas masks) - Currently a hot issue for our coalition partners (US)

Civilian Contractors in the AO (AS) •

Prov Provid idee logi logist stic ical al sup suppo port rt,, gene genera rall lly. y.



ADF must ensure ensure that that civilians civilians are provided provided reasonabl reasonablee securi security ty (Op (Op Cdr’s responsibility- appropriate legal, personnel and business conditions when employed in support of ADF operations.



GC3 - Art Art 4: reco recogni gnitio tion n that that civili civilian an contr contract actors ors may may accom accompan pany ya deployed military force, ie civilian aircrew, supply contractors, war  correspondents, correspondents, and afforded PW status if captured.



AP1 - Art Art 58: Military Military precautio precaution n for the prote protection ction of civili civilians ans in in the the AO.



DFDA DFDA - Defenc Defencee Civili Civilian an provi provisio sions: ns: exce except pt for for disobe disobedie dience nce of of a lawful command, desertion, AWOL, absence from duty, negligent  performance of duty and insubordinate behaviour.



By conse consenti nting ng to beco becomin ming g a Defenc Defencee Civili Civilian an - becom becomee includ included ed as a member of the force under SOFA (Forms 60 and 61)

Civilian Contractors - cont • Mini Minist ster eria iall notif notific icat atio ion n befor beforee the engagement/deployment engagement/deployment of contractors. • ID car cards ds to to be car carri ried ed by by all all civi civili lian anss accompanying the ADF on operations. (see GC’s for proforma) • OHS OHS Act Act 1991 1991(Ct (Cth) h) obli obligat gation ion to prov provide ide a safe safe and healthy environment. Obligation extends to civilian contractors who deploy in support of ADF operations (ie PPE - non military issue Body Armour etc). • Para ara 5. 5.35 ADFP 4.2. 4.2.1… 1…

The UCAV Example • Increa Increasin singly gly comp complic licate ated d means means of warf warfare are - UCA UCAV. V. • Relia Relianc ncee on PMCs PMCs to to provi provide de the the requi requisit sitee exper expertis tisee to drive these combat vehicles • Possibili Possibility ty that civilian civilian contract contractors ors may actually actually control control and operate the weapons systems on a UCAV. • Possi Possible ble reach reach of of LOAC LOAC - only only a com combat batant ant can can legitimately take part in armed conflict: Uniformed person in the loop (from sensor to shooter). • Howe Howeve ver, r, auxil auxiliar iary y civili civilian an opera operator torss may bec become ome legitimate targets due to proximity to UCAV operations Star Wars example. • Is techn technolog ology y dicta dictating ting military military strategy strategy?? (Netw (Networkork-cen centric tric warfare)

Questions? • “The mercenaries and auxiliaries are useless and  dangerous , and if anyone supports his state by the arms of  mercenaries, he will never stand firm or sure, as they are disunited, ambitious, without discipline, faithless, bold  amongst friends, cowardly amongst enemies, they have no  fear of God, and keep no faith with men.” Machiavelli, The Prince

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