For Better or for worse
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of commercial military enterprises. PMSCs are ordered along pre-existing corporate lines. They have a clear hierarchy, driven by business profit rather than individual profit, which allows for a permanent structure capable of competing and surviving in the global free market.2 This is in contrast to the ad-hoc structure of historical and present-day individual mercenary soldiers.3 The media coverage and analysis of the U.S. wars in Iraq and Afghanistan have propagated an idea of rogue private mercenary armies causing unregulated havoc in civilian communities. While there exist anecdotal accounts and official investigations into specific occurrences of PMSC violations of the International Code of Conduct (ICoC) and International Humanitarian Law (IHL), PMSCs provide a valuable service to state and non-state actors, including, but not limited to, security services.4 These new military
2 Peter W. Singer, Corporate Warriors: The Rise of the Privatized Military Industry (New York: Cornell University Press, 2003), 45. 3 To date, there has been no universally agreed on consensus on how to define mercenaries. This ongoing debate does not provide a usable definition of the practice of selling military service. Critics claim that PMSCs that engage in hostilities are mercenaries however the international legal community has not (and most likely will not) reach consensus to conclude that this is the case. The legal standing definition of mercenaries can be found in Article 47 of the Additional Protocol to the Geneva Conventions of 1949. 4 The explanation and analysis of the rules and regulations regarding the actions of PMSCs (specifically in regard to engagement and legal repercussions for actions) will be saved for another analytical essay (ISP). International guidelines have been set up to regulate and standardize the actions of PMSCs in conflict zones. For more infor-
firms offer a wide range of appealing services to various state and non-state actors. Former British Army Lt. Col. Tim Spicer is the CEO of Sandline, a PMSC focused on providing “specialist military expertise… to friendly governments.” He stated: “we cover the full spectrum—training, logistics, support, operational support, [and] postconflict resolution.”5 The growing capability of the services offered allow for a broader range of clients as well as a broader range of employees. The demand from clients for various services once left only to the state has greatly encouraged the growth of the industry in the past decade. Tip-of-the-Spear Typology In order to fully conceptualize the ultimate role that the PMSCs have in conflict/ post-conflict (CPC) environment, it is necessary to explicate the industry by its range of services and the level of force required by the firms to provide these services in the field. Traditionally, military installations are classified by their location in relation to the “front lines” of engagement. PMSCs can also be classified using this same structure.6 mation, see the International Code of Conduct for Private Security Service Providers (2010) and the Montreux Document (2008)—both Swiss led initiatives. 5 As quoted in Singer, Corporate Warriors, 46. 6 See Appendix. Figure 1.
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