Colonel Christopher T. Mayer, U.S. Army

1. Privatizing Peacekeeping:The Growing Prominence of Private Security Companies in Conflict and Crisis Colonel Christopher T. Mayer, U.S. Army NOTE: This presentation was given to the 74th UN Civil-Military Officer’s Staff Course in Accra, Ghana in September 2007

2. Private Military Company A corporate body that specializes in providing military skills to legitimate governments. Such skills may include training, planning, analysis of intelligence, operational support, and technical support. Also: Private Military Firms, Privatized Military Companies, Private Military Corporations, and similar

3. Private Security Company • Armed Contractors, whose mission set is limited to providing defensive protection for personnel, facilities, and (more rarely) materiel. PSCs have limited armament and do not engage in combat (battles and engagements.) • PSCs Protect People, Places, and Things from Criminal and other unlawful violence in areas where the rule of law has been compromised

4. Humanitarian Relief Organization A group that provides or supports relief assistance to mortally endangered populations. This includes nongovernmental organizations, UN agencies, Red Cross organizations, international organizations, and some elements of donor agencies.

5. Complex Contingencies Any military operation (other than large scale combat) executed in conjunction with a humanitarian assistance operation

6. The Operational Environment • PSC/PMCs typically operate in environments where Rule of Law is compromised • “Host Nation” governments my not have effective legislation, police, judicial, or penitentiary capability • Applies to oversight of the legitimate use of force as well as to criminal activity and other unlawful violence • Challenge is to use PSCs in a way that supports, rather than undermines legitimacy of the government and rule of law • Demands realistic application of host nation government authority War or Disaster Intervention Stabilization Humanitarian Relief Recovery “Reconstruction Under Fire”

7. Non-combat roles in support of Military Operations • PMCs act as economy of force to INDIRECTLY support stability, security, reconstruction and transition operations • Security for Personnel, Materiel, and Facilities • Staff Assistance • Civil Affairs

8. Support for Humanitarian Relief Organizations • Direct protection for personnel and materiel • Intelligence • Coordination and Liaison • Local population • “Arm’s Length” Cooperation with Military

9. PMCs Present Real Risks • Legitimacy • Security • Unity of Effort

10. PMCs can undermine Legitimacy • PMCs have not always been on the side of the angels • Illegitimate use of PMCs • Violations of International Humanitarian Law • Violations of Anti-Mercenary International Agreements • The very use of a PMC can undermine legitimacy of the effort

11. PMCs can compromise Security • Hostile Infiltration • Direct and indirect pressure • Intimidation

12. Challenges for Unity of Effort • Parallel or divergent operations and objectives • “Stovepipe” employment • Lack of interoperability • With Military • With Other PMCs • The Commercial Nature of PMCs

13. Roles and Missions Complexity ABC Protection Ltd ABC P Ltd DEF LLC DEF LLC HIJ AG XYZ Corp. * Includes contractors accompanying the force

14. Risk Management

15. Planning • Objective: Begin with the End in Mind • What are the obstacles to success • Combat? • Terrorism? • Criminal activity? • What resources do you have to counter those risks • What specifically do you want that resource to accomplish? • What does that resource need to successfully operate?

16. Support for Legitimacy • Reinforces Neutrality of HRO • Promotes Information Operations • Civil Affairs Program • Respect Host Nation Sovereignty

17. Support for Security • PSC Code of Conduct and Ethics • Effective and Vetting • Effective Interviewing • Continuous Follow-up

18. Support for Unity of Effort • PSC Steering Committee • Open Architecture C4 • Mandatory Cooperation • With the Military • With other PMCs • ROC/CMOC Model

19. Accountability • The fundamental perceived difference between government and contractor operations • Accountability Exists • Host Nation Law • International Tort Law • Accountability of Corporate Officers for Negligence • MEJA • Employers must operate with transparency and support for the law

20. Establishment and Enforcement of Industry Standards • Governmental Bodies and the PMC Community is moving towards regulation and certification • US DOD regulation of PSCs is extensive • Planners should incorporate suitable standards into their contract award process • Standards should address these issues in any request for proposals: • Contractor history (legitimacy) • Personnel vetting (security) • interoperability (unity of effort)

21. Conclusion • Private Military Companies will continue to play a critical role in complex contingencies and other crises • PMCs offer a wide variety of critical enablers to regular military forces and Humanitarian Relief Organizations • There is significant risk associated with PMCs • PMC employment requires competent program management to exploit their capabilities while mitigating risk

22. Closing Thoughts • PSC/PMCs typically operate in an environment where Rule of Law has been compromised • Armed contractors must operate in a manner that promotes Rule of Law • Armed contractors must operate in a manner that promotes the legitimacy of the civil government • These “MUST” items are all possible and practical, but are not being universally applied