Human Rights Council 7th Session

Working Group on the Use of Mercenaries
U.S. Statement – Interactive Dialogue

Geneva,
March 10, 2008

Thank you, Mr. President.

By addressing and promoting accession to the Convention against the Recruitment, Use, Financing and Training of Mercenaries in the context of a report on private and military security companies (PMSCs), the Working Group fails to distinguish between PMSCs and mercenaries, and wrongly implies that PMSCs are mercenaries.  Whether relying on the definition found in the Convention or in Additional Protocol I, to neither of which the United States is a Party, or on traditional understandings of what constitutes a mercenary, it is clear that the individuals and groups described in the Working Group’s report are not “mercenaries.”

The Working Group’s Report fails to recognize that there is a long history of using contractors in support of military operations, and that there are legitimate reasons why modern military forces require contractor support not only for national military forces involved in defense, but also in peacekeeping operations, as do humanitarian relief agencies. 

Nevertheless, we understand the concern expressed by the Working Group for promoting accountability of private security contractors.  We are committed to addressing the legal and logistical challenges in order to maximize the safety and effectiveness of our diplomatic and, military operations overseas, while minimizing any negative effects on the local population and promoting accountability.

For instance, the United States has undertaken numerous steps to strengthen the coordination, oversight and accountability of private security contractors working in Iraq on behalf of our government.  Procedures have been established to improve communications and cooperation among the U.S. Embassy in Baghdad, the Multi-National Forces-Iraq, and the Government of Iraq.   We would also like to emphasize that the United States only permits its security contractors to use deadly force defensively and when necessary, and they are not involved in offensive combat operations. 

In addition, the Executive and Legislative branches are working together to enhance the existing framework of U.S. federal jurisdiction to hold  security contractor personnel accountable for crimes committed in Iraq, Afghanistan, and elsewhere.

Moreover, the U.S. Department of Defense is continuing to update its regulations governing private security contractors operating in combat zones.

Thank you.