Failure to regulate security contractors

Introduction

In a busy Baghdad square, a disturbance between a group of Americans and Iraqis on September 16, 2007 resulted in the shooting death of 17 Iraqi civilians. The Americans involved were not military; they were private security contractors from a company called Blackwater. To date security contractors in Iraq number around 48,000 from various companies. Similarly, jobs such as cooking and cleaning on military bases — positions that in past wars were largely filled by military or government personnel — are increasingly outsourced to private companies. The number of private contractors, as well as the amount of money the government pays them, has risen considerably as the Iraq war has gone on, according to the Center for Public Integrity’s 2007 report, Windfalls of War II. The result has been less coordination in missions involving both military and private groups, such as U.K.-based Erinys, and U.S.-based Blackwater and KBR. The problem was highlighted in 2004, when insurgents ambushed a KBR truck convoy and drivers refused to work until security was improved. Without the deliveries, the military was left without adequate fuel, water, and ammunition. A complicating factor has been the ambiguous legal status of private contractors. In the 2007 Blackwater shooting, the security firm initially maintained that the guards fired in self-defense, but investigations by the Iraqi government and the Federal Bureau of Investigation both conclude that the only shots fired came from Blackwater employees. The Department of Defense holds its contractors liable under laws covering the military, but Blackwater works for the State Department, which does not. Critics say that such large-scale security contracting results in a lack of coordination and accountability which poses a risk to American troops as well as to Iraqis, and that mistakes made by U.S. contractors will ultimately be seen by Iraqis as mistakes by the U.S. military. In a 2008 hearing, a senior official argued that contractors have long been an essential and cost-effective tool for ensuring safety in war regions. In Senate testimony, Patrick F. Kennedy, a State Department under secretary, said “The use of security contractors in these dangerous places has allowed the Department the flexibility to rapidly expand its capability… and to support national-security initiatives without the delays inherent in recruiting, hiring and training full-time personnel.”

Follow-up:
Congress has shown particular dissatisfaction with the use of private contractors, especially after the Blackwater shooting. But legislation to curb their role has been stuck in committees. In August 2008 federal prosecutors sent letters to six Blackwater employees warning that the Department of Justice might indict them. To date no indictment has been announced. The U.S.-Iraq security agreement ratified by the Iraqi Parliament in late November ends legal immunity for American contractors there; they will now be subject to Iraqi law. And on December 8, the Department of Justice indicted five former Blackwater security guards on charges of voluntary manslaughter, attempt to commit manslaughter, and weapons violations, in connection with the September 2007 shooting in Baghdad. A sixth former Blackwater guard pleaded guilty to voluntary manslaughter and attempt to commit manslaughter.