In his farewell address to the American people, President Dwight Eisenhower warned the nation to be wary of the military-industrial relationship. Less than 50 years later public attention is once again directed to this relationship due to the unequalled privatization of the conflict in Iraq. The involvement of private companies in highly events that has attracted high media attention such as Titan for the Abu Ghraib abuses, Blackwater in the Fallujah massacre, or the investigation into KBR and Halliburton accused of over-charging the government, have lead to diverse popular demands asking for the regulation or even the ban of business providers of military services. These service providers are frequently labeled as mercenaries by their critics who often ignore the three millenniums of recorded use and the intensive diversification of military services that the private sector is now capable of and required to provide.
[...] For the failed attempt of the International Law Commision Draft Code Crimes Against the Peace and Security of Mankind to incorporate the crime of mercenarism: International Alert Report and Millard note 386. The Rome Statue of the International Criminal Court (1998) which entered into force in 2002 who has ‘comparative complimentary' jurisdiction over individuals (art.25) and state actors (art. 27) for the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. UN Convention against Transnational Organized Crime (2000) Namely the United States, Israel and Russia. International Alert Report In this category we may find countries such as Italy, Russia, Ukraine, Greece: UK Green Paper, Annex B. [...]
[...] This is where the OAU Mercenary Convention innovates. Equally denying mercenaries the status of lawful combatant and POW and defining them in nearly identical terms, this Convention pursues further by establishing the crime of mercenarism in its article The crime of mercenarism is committed by the individual, group or association, representative of a State or the State itself who with the aim of opposing by armed violence a process of self-determination, stability or the territorial integrity of another State, practices any of the following acts: Shelters, organises, finances, assists, equips, trains, promotes, supports or in any manner employs bands of mercenaries; Enlists, enrols or tries to enrol in the said bands; Allows the activities mentioned in paragraph to be carried out in any territory under its jurisdiction or in any place under its control or affords facilities for transit, transport or other operations of the above mentioned forces. [...]
[...] i.e. TITAN boasts a board of directors constituted of ex military officers, and the connections between KBR/Halliburton and the actual US Vice President are well documented. President Dwight Eisenhower, farewell address to the American people supra note 1. [...]
[...] We recognize the imperative need for this development yet we must not fail to comprehend its grave implications. In the councils of government we must guard against the acquisition of unwarranted influence wither sought or unsought by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist. We must never let the weight of this combination endanger our liberties or democratic processes.” There are more armed civilians contractors in Iraq than soldiers from all non-US coalition countries (Shadow Company 26th min) though imprecise there are approximately of them to which you must include non armed civilian contractors (Frontline, TVCap, Private Warriors, 2005). [...]
[...] See the previously metioned work of P. W. Singer, supra note Robert Mandel, Armies Without States the Privatisation of Security, Lynne Rienner Publishers, 2002; Deborah D. Avant, The Market for ForceThe Consequences of Privatizing Security , Cambridge University Press Deborah D. Avant, The Market for ForceThe Consequences of Privatizing Security , Cambridge University Press See, Code of Conduct of the International Peace Operations Association (IPOA), http://ipoaonline.org/; or the Charter of the British Association of Private Security Companies, http://www.bapsc.org.uk. Each association has respectively 35 and 23 members. [...]
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