ABSTRACT

Legal quandaries Running a sex ring in Bosnia, torturing prisoners at Abu Ghraib in Iraq, shooting at unarmed civilians in “questionable” uses of force, mistaken “friendly fire” incidents with other contractors and members of the military, and general mayhem on the roads of Baghdad: PMSC members have been involved in a number of high-profile and notorious episodes wherein their misconduct would be considered criminal under international, domestic, or military law.1 And yet very few prosecutions have occurred. A 2008 study by Human Rights First asserted that:

To date more than 60 US military personnel have been court-martialed in the deaths of Iraqi citizens and more are under investigation. In contrast not one private contractor implicated in similar crimes in Iraq has been prosecuted. . . . The Justice Department’s neglect has created a “shoot first, ask questions later – or never” attitude among some contractors.