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34in mid-2008 when <strong>the</strong> order was rescinded and Iraq gained <strong>the</strong> sovereign right toprosecute PMC under its own laws. The negotiation of <strong>the</strong> Status of Forces Agreementfor Coalition forces in Iraq was fur<strong>the</strong>r complicated by <strong>the</strong> vexed question of PMCimmunity. 120 As a result, PMC personnel facing charges in Iraq now depart <strong>the</strong> countryquickly to avoid prosecution and generally move on to <strong>the</strong> o<strong>the</strong>r major GWOT conflictzone, Afghanistan, which has virtually no legal system.Command, control and interoperabilityPMC provide a wide range of important services to national armed forces onoperations. The 2006 US Quadrennial Defense Review included ‘contractors’ as partof <strong>the</strong> US Department of Defense ‘Total Force’. 121 The 2009 <strong>Australian</strong> Defence WhitePaper follows a similar approach. 122 Many functions are now so reliant on contractorsfor <strong>the</strong>ir performance that modern military forces would find it very difficult to deployfor prolonged periods without <strong>the</strong>m. Peter Singer argues that:The US government is in a terrible predicament today … It has overoutsourcedto <strong>the</strong> point that it is unable to imagine carrying out its most basicoperations without <strong>the</strong>m. 123As modern military forces wrestle with <strong>the</strong> need to operate with greater efficiencyand economy, this situation is unlikely to be reversed and PMC will most likely becomean enduring element of modern conflict. The major challenges for national armedforces seeking to deal with <strong>the</strong> PMC that support <strong>the</strong>m relate to <strong>the</strong> issues of command,control and interoperability.120 Coalition Provisional Authority, Order Number 17, ‘Status of <strong>the</strong> Coalition Provisional Authority,MNF-Iraq, Certain Missions and Personnel in Iraq’, 27 June 2004; J Hider, ‘Private guards to lose Iraqimmunity’, The <strong>Australian</strong>, 4 July 2008, p. 9.121 Armstrong, War PLC, p. 90.122 Department of Defence, Defending Australia in <strong>the</strong> Asia-Pacific Century: Force 2030, accessed 5January 2010, pp. 91–92.123 P Singer, Can’t Win With ‘Em. Can’t Go To War Without ‘Em: Private Military Contractors andCounterinsurgency, Foreign Policy at Brookings, Policy Paper No. 4, September 2007, p. 17.

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