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Diane Publishing Books
Private Security Contractors in Iraq and Afghanistan: Legal Issues
Jennifer K. Elsea (au)
U.S. departments and agencies contributing to combat or stability operations overseas are relying on private firms to perform a wider scope of security services than was previously the case. The use of private security contractors (PSCs) to protect personnel and property in Iraq and Afghanistan has been a subject of debate in the press, in Congress, and in the international community. While PSCs are widely viewed as being vital to U.S. efforts in the region, many Members are concerned about transparency, accountability, and legal and symbolic issues raised by the use of armed civilians to perform security tasks formerly performed by military personnel, as well as the adverse impact PSCs may be having on U.S. counterinsurgency efforts.Contents of this report: (I) Introduction; (II) Legal Status and Authorities: (a) International Law: Can Contractors Be “Combatants”?; Are They “Mercenaries”?; International Best Practices: The Montreux Document; (b) Iraqi Law and Status of U.S. Forces; (c) Afghan Law and Status of U.S. Forces; (d) U.S. Law; “Inherently Governmental Functions” and Other Restrictions on Government Contracts;Prosecution of Contractor Personnel in U.S. Federal or Military Courts; Special Maritime and Territorial Jurisdiction Act; Extraterritorial Jurisdiction; Military Extraterritorial Jurisdiction Act (MEJA); Uniform Code of Military Justice (UCMJ); (III) Conclusion.
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