CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

to the early 1990s, resulting, according to P W Singer, from three interacting dynamics:
‘the end of the Cold War, transformations in the nature of warfare that blurred the lines
between soldiers and civilians, and a general trend toward privatization and outsourcing
of government functions around the world.’ 149 As Western governments sought to
downsize their militaries in search of the ‘peace dividend’, a tendency to global
instability actually demanded more troops. Furthermore, as the character of war
changed, becoming more confused and less dominated by professional armed forces, so
Western governments become less willing to be officially engaged. The complication
this trend presents for international law is described by Michael Byers:
Mercenaries – persons who fight solely for financial gain – are not entitled to be
treated as prisoners of war. The increasing use of private contractors by the US *
military, in some cases very near or even in the combat zones, raises questions
as to what, if any, rights – beyond international human rights – these individuals
have if captured by opposing armies. At the same time, the extended
involvement of these contractors in activities traditionally reserved to military
personnel is obfuscating the all-important distinction between combatants and
civilians, with potentially serious consequences. 150
As the quote above from Münkler (see p301) implies, PMCs embrace a wide range both
in terms of activity and of quality and reputability. At one end of the spectrum of
activity – their use as surrogates for state action, there can be no doubt that their use has
sometimes been successful and brought about desirable results. The South African
company, Executive Outcomes, achieved considerable success in their support for the
failing government of Sierra Leone at a time when Western governments were unable or
unwilling to commit forces. 151 Critics may argue that – as with Executive Outcomes in
Sierra Leone – the absence of long-term commitment and the mixed motivation (there
were allegations of links to big business interests in mineral mining rights) undermines
the legitimacy of such operations; when the profit margin shrinks the conflict may be
abandoned. However, when such interventions are conducted by governments in the
name of policy or international peace and security, interest can be equally short-lived
and motives just as mixed.
* The issue, of course, is not at all confined to the US.
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