Jurisdictional issues of subcontracting war

Historically, there is nothing new about the military’s use of private contractors. Although the history of mercenary forces stretches back at least 4000 years, the war in Iraq has seen outsourcing on an unprecedented scale. Unique is also the degree to which Private Security Companies (PSCs) are demanding recognition as legally and morally legitimate entities. This development raises important moral, ethical, legal and policy questions. Despite this, there has been little focused attention on this phenomenon. PSCs were involved, be it directly or indirectly, in the abuse of prisoners in the Abu Ghraib prison and they were not prosecuted for their deeds as were the soldiers belonging to the American military ranks. I have found that several laws could be used to hold PSCs and their employees accountable; the US Alien Tort Claim Act, the US War Crime Act, the US Patriot Act, the US Military Extraterritorial Act (for contractors with contracts of the US Department of Defense), the US Torture Act, and several countries national legislation implementing universal jurisdiction and not forgetting the actions that the government can take against a contractor such as termination of contracts, suspension and debarment. My conclusion is that it is the lack of political will that hinder prosecution of PSCs, not the lack of applicable laws.

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