21. Accountability for Armed Contractors
- Author:
- Ian M. Ralby
- Publication Date:
- 01-2015
- Content Type:
- Journal Article
- Journal:
- Fletcher Security Review
- Institution:
- The Fletcher School, Tufts University
- Abstract:
- On 16 September 2007, the accountability of private armed contractors became a global concern. A team of armed guards from the US company Blackwater Worldwide, operating on a US State Department contract, opened fire that day in Baghdad’s Nisor Square, killing seventeen Iraqi civilians and injuring an additional twenty. It took more than seven years before four of the individuals responsible were ultimately convicted of either first degree murder or voluntary manslaughter by a jury in a U.S. Federal District Court. A fifth member of the Blackwater team had previously pleaded guilty to manslaughter.[1] The initial lack of consequences and the slow speed of justice provided the watchful world with strong evidence that armed contractors operate in a zone of legal twilight, devoid of accountability. The rise of private armed contracting was one of the most distinctive operational developments of the wars in Iraq and Afghanistan. Erik Prince, founder of Blackwater, famously stated: “Our corporate goal is to do for the national security apparatus what FedEx did to the postal service.”[2] Throughout both conflicts, the hiring policies of several Western governments, particularly those of the United States, helped Blackwater and numerous other companies move toward that goal. By December 2008, for example, 69% of the United States’ total force in Afghanistan was comprised of private contractors, roughly 15% of which were armed.[3] While there are no reliable statistics on the size of the global private armed security industry, there is little doubt that it has grown and contracted with the surge and decline of Western engagement in armed conflict. New conflicts on the horizon, however, suggest the possibility of a resurgence of the industry, reigniting concerns about accountability. The proliferation of private armed security companies has coincided with a proliferation of initiatives aimed at developing accountability for the industry. Numerous codes, standards, mechanisms and proposals – developed by governments, international organizations, civil society groups, private companies, trade associations, individuals, academics and multi-stakeholder bodies – have sought to address different issues surrounding armed contractors. Most of them, however, have been developed in response to incidents that already occurred. This reactive approach to accountability, while useful for addressing past problems, may leave the industry exposed to future problems. In other words, a code, standard or mechanism set up to prevent another Nisor Square incident may be very effective in doing so, but may fail to prevent a different and even more worrying incident in the future. This article begins with a brief overview of the most credible accountability initiatives, suggesting that the resulting collection forms a patchwork, rather than a framework for governing the conduct of armed contractors. The analysis then focuses on the process of selecting contractors, with a particular emphasis on the US Government. While cost has been a key factor in determining selection, the various initiatives discussed have made it possible for accountability and quality to be added as essential metrics. Ultimately, however, the failure of the accountability initiatives to remain current, much less forward-looking, means that the objective determinants of ‘accountability and quality’ may not be fit for purpose as the US and other Western powers begin to engage the services of armed contractors for assistance in new conflicts...
- Topic:
- Security, War, Governance, Military Affairs, Regulation, and Accountability
- Political Geography:
- Afghanistan, Iraq, Middle East, and United States of America