Pirates and Private Military Corporations

Corpobligation: PMCs (private military corporations) present one model of rapid security/military response in international crises situations, but accountability is difficult

• "Security contracts do not allow them to shoot people randomly. They are here to protect personnel, not shoot people without reason." - Abdul-Karim Khalaf, a spokesman for Iraq's Interior Ministry. The U.S. embassy's security provider, Blackwater USA, is alleged to have killed civilians in Baghdad, outraging the populace (Globe and Mail, 22/9/2007)
• The PMC industry is organized (International Peace Operations Association (IPOA)) but there are insufficient international legal measures to hold PMCs accountable
• Can a PMC ever even pretend to be environmentally responsible or have good labour practices or respect human rights? In an age of terrorism and governments fearing the loss of their soldiers, are PMCs a necessary measure to create stability and prevent crimes against humanity?
• Corporate Obligation: PMCs are obliged at the minimum to meet standards of conduct of the governments that hire them, but these standards are in flux based on the perceived urgency of the security crisis and the degree of media oversight.

IPOA - FAQ

• 1. IPOA is a "trade association" of private companies in the Peace and Stability industry created "to promote high operational and ethical standards of firms active in the Peace and Stability Industry; to engage in a constructive dialogue with policy-makers about the growing and positive contribution of these firms to the enhancement of international peace, development, and human security; and to inform the concerned public about the activities and role of the industry."

• 16. What role does IPOA envision for international and governmental organizations (e.g. UN) in future peace and stability operations?

Who is a member of IPOA?

• Members include: Blackwater, Agility Logistics, Ameco, MAC International, Medical Support Solutions, Reed, Inc., Unity Resources Group [Full list]

IPOA - Code of Conduct

Version: 11 - Adopted: December 1, 2006 - Code of Conduct First Adopted: April 1, 2001

Criticism:
strictly adhere to international laws (not defined)
"practicable measure" - malleable term in the context of a for profit business
legal accountability ..."to the extent possible with contractual and legal limitations" - so if the contract has privacy / non-disclosure clauses the company will not be accountable? Under domestic law, it is impossible to contract out of criminal law or public policy laws (ie cannot contract to have someone kill you).

1. Human Rights
1.1. In all their operations, Signatories will respect the dignity of all human beings and strictly adhere to all relevant international laws and protocols on human rights.
1.2. In all their operations, Signatories will take every practicable measure to minimize loss of life and destruction of property.

3. Accountability
3.2. Signatories support effective legal accountability to relevant authorities for their actions and the actions of company employees. While minor infractions should be proactively addressed by companies themselves, Signatories pledge, to the extent possible and subject to contractual and legal limitations, to fully cooperate with official investigations into allegations of contractual violations and violations of international humanitarian law and human rights law.

4. Clients
4.1. Signatories pledge to work only for legitimate, recognized governments, international organizations, non-governmental organizations and lawful private companies.

Enforcement measures / Complaints processes

IPOA has created a complaints process, whjich is not legally binding, but is meant to serve as a "guideline" for the IPOA disciplinary process.

Recommendations & Bottom Line

1. Transparency in a real form would require governments to post contracts,and report on the activities of all of the PMCs in their employ (ie casualties, complaints, actions, payments)
   
2. Accountability is not something that PMCs shoiuld be able to contract out of, human rights are universal
3. PMCs has a role to play in the "Peace industry." The greater their responsibility and accountability, the greater their effectiveness will be and the less risk that PMCs or their employees will "go rogue" or abuse human rights.

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