2. Agenda PMCs: Facts and Figures
Questioning PMCs: Abu Ghraib and the Nisour Square Massacre
Implementing the Montreux Document: Iraq and the USA
Defining State Legitimacy: Peter Fabienne
Summary of Findings
Final Conclusion

3. PMCs: Facts and Figures
EU origins and US (in)famy
Iraq and Afghanistan
Tasks vs protection, armed security
Source: International Code of Conduct Association

4. Questioning PMCs: Abu Ghraib and Nisour Square
Source: Al Jazeera; Soldier Systems

5. Abu Ghraib Abuse Scandals (2003)
Closed 2014
Abuses: March-late 2003
2004: Media reaction united: shock and outrage
Focus on PMCs vs military staff
Rumsfeld: 37 private contractors at Abu Ghraib
Source:

6. CACI and Abu Ghraib Supplied 30 interrogators
Cold war: weapons contracts
Post-CW: IT and tech support
Intelligence gathering (opened and closed)
Vague ‘human intelligence’ contracts
Source:

7. Titan Inc and Abu Ghraib
IT systems, related services
Post-Abu Ghraib: U.S. govt contracts for 4500 translators
Lockheed Martin merger and denial
Source: Democracy Now

8. Blackwater and Nisour Square (2007)
Nisour Square, Baghdad
Blackwater accused (and found guilty of) opening fire on 17 civilians
Abu Ghraib and NS Diff: only contractors involved
Lack of legal closure
Source: Wired

9. Blackwater and Nisour Square (2007)
Source: New York Times

10. Blackwater and Nisour Square (2007)
Public/media reaction vs US investigation
2009: Case dismissed due to ‘tampered evidence’
Iraq: Expired License withdrawn
Rise of PMC criticism
PMC Lit: Intl Law vs PMC Specific Norms (EL Gaston)
Industry, Govt and Civil Society

11. Implementing the Montreux Document: Iraq and the USA
Source: Reddit; Swiss Confederation

12. Implementing the Montreux Document
MD Main elements:
Determination of permitted tasks
Effective PMC Vetting, Licensing and Contracting
Accountability and Oversight

13. USA MD voluntary reminder of Intl Law, IHL norms
Restating state responsibilities to control PMCs
US important as both Home and Contracting State (explain)
Iraq and Afghan: 160 bill USD of contracts ( )
Vs myriad regulation, MEJA and others and lack of prosecution
Source: LINC

14. Iraq Territorial State
2003 onward: increasing PMCs= increasing need for regulation
Political instability vs PMC political involvement (tribes)
Iraqi Oil Law and Energy Sector
MD global coordination lacking (Home-Territorial)
Source: Encyclopedia of Safety

15. Defining State Legitimacy
Peter, Fabienne: Social contract between state and citizens
Social contract consists of:
Consent to be Ruled
Beneficial Consequences
Democratic Approval
Will PMCs fit all or some of these?
Source: Sprout Distro

16. Summary of Findings What is the public perception of State-PMC nexus?
Media rhetoric from Arab, British and US discourse regarding Abu Ghraib and Nisour Square
Nisour Square: Arab and Brit: PMCs labelled as security firms (PMC self-rhetoric) but in negative contexts
CNN: PMCs partially labelled as ‘military’

17. Summary of Findings Abu Ghraib:
Consistent labelling across all media outlets of CACI and Titan as corporations or contractors (not PMCs)
US corporations/contractors-strong State-Corporate nexus
US Corporations in negative light
VS BBC anomaly: CACI as Defence Contractor (post Abu Ghraib settlement)
State vs corporate responsibility

18. Conclusion
PMCs may construct themselves as defensive or protective (military vs security company)
This image and legitimacy can be quickly revoked by any wrongdoing. In such cases, public expectations turn to state (and state legitimacy).
State legitimacy less contingent upon outsourcing, more about state’s ability to ‘discipline’ PMCs, provide legal remedy
However, a company may regain legitimacy through own remediation (settlement vs admission of guilt)

19. Thank you 
Twitter:
Source: Intersentia