Private Military and Security Companies

Focus on Corporate Accountability in the "War on Terror"

Private U.S. security guards protect U.S. diplomats in As Sulayiyah, Iraq.
© Scott Peterson/Getty Images.

NEWS
»09/11/09: On September 11^th, 2009, the U.S. Court of Appeals for the D.C. Circuit in a 2 to 1 ruling dismissed a lawsuit brought against CACI International that alleged CACI personnel participated in torture and abuse at the Abu Ghraib prison. This decision sets a dangerous precent that further blocks efforts to hold contractors accountable for their human rights violations. Read our comments on AIUSA's Human Rights Now blog!

» 08/25/09: On Monday the Department of Justice (DOJ) announced that it will review cases of detainee abuse by CIA employees and contractors.

AIUSA has been working to ensure that contractors implicated in cases of detainee abuse do not escape scrutiny and are fully investigated and, where credible evidence of torture and abuse exists, prosecuted. In July of this year, we renewed our call to Attorney General Holder.

The Justice Department's appointment of a prosecutor to review cases of abuse is an encouraging first step. We have focused on cases allegedly involving contractor personnel, previously referred to and declined by the U.S. Attorney's Office in the Eastern District of Virginia, and urge the prosecutor to carefully review these cases.

In light of this development, Amnesty International continues its broader calls for greater transparency and accountability for human rights abuses related to the "war on terror".

» Amnesty International releases its analysis of IPOA's Code of Conduct, version 12

» Amnesty International provides its human rights recommendations in CorpWatch's updated report on Titan/L-3's human rights abuses at Abu Ghraib, Outsourcing Intelligence in Iraq

Call on Congress to demand prosecution of abusive contractors
Over three years ago, the Justice Department (DOJ) required that all cases of detainee abuse by private military and security contractors be handled by one US Attorney's Office. As of today, that office has declined to prosecute almost all of the cases referred to it, with little explanation. Urge your representatives in Congress to pressure the DOJ to prosecute human rights violations committed by private military and security contractors. » Take action

As the United States engages in the "war on terror," it is outsourcing key security and military support functions, particularly in Iraq and Afghanistan, to private companies to carry out the work. The work that is contracted out to the companies ranges from logistical support to security for U.S. government personnel and reconstruction projects, to training military and security personnel, to operating and maintaining weapons systems. But the contracted companies also serve in more sensitive roles, such as interrogation and translating during questioning of alleged terrorist suspects.

In this environment, allegations of contractor involvement in serious human rights violations – including participation by contractors in the torture at Abu Ghraib – have emerged, yet Bush administration officials have made virtually no effort to hold contractors accountable or compensate victims.

The U.S. Justice Department has largely failed in its obligation to prosecute U.S. contractors for serious human rights violations, and worse, it appears to have taken steps to undermine access to justice. Afghani detainee Abdul Wali died in U.S. custody in June 2003, but it was only after media coverage, leaked photos, and General Taguba's May 2004 report on the abuse of detainees at Abu Ghraib that CIA contractor David Passaro was charged with several counts of assault - on June 17, 2004 - for his abuse of Wali that immediately preceded Wali's death. In August 2004, after that one indictment was brought in the contractor's home state of North Carolina, then-Attorney General John Ashcroft established a "Detainee Abuse Task Force" in the Eastern District of Virginia and directed the remaining 19 known cases of detainee abuse to it. More than three years later, the Task Force has not brought a single indictment against a contractor for abuse of detainees.

In July 2007, The Virginian Pilot uncovered documents regarding the U.S. response to a Blackwater employee responsible for shooting to death Iraqi Vice President Adil Abdul-Mahdi's security guard on December 24, 2006. Blackwater's general counsel has stated that the employee was fired and returned to the U.S. A released memo from the U.S. Embassy in Iraq to Secretary of State Condoleezza Rice quotes Abdul-Mahdi as stating "that Iraqis would not understand how a foreigner could kill an Iraqi and return a free man to his own country." At a Congressional hearing of the Committee on Oversight and Government Reform, the general counsel of Blackwater admitted that one of its employees had shot and killed an Iraqi security officer that day. However, the US Attorney’s office of the Western District of Washington refuses even to confirm if an investigation is underway and if charges will be filed.To date, the employee has not faced an indictment.

On September 16, 2007, at least 17 Iraqis were killed near Nisour Square, Baghdad, after personnel of Blackwater reportedly shot several rounds from their armored vehicles. Learn more about Blackwater's actions in Iraq and call on the company to take their human rights responsibilities seriously and to cooperate with Iraqi and US investigations.

Most recently, former KBR contractor, Jamie Leigh Jones, was reportedly gang-raped by a group of fellow KBR co-workers in 2005. She claims she was drugged, raped, and subsequently detained in a container without food or telephone access. Despite being on Army contract, the Department of Defense refuses to probe the charges citing its status as an open case with the Department of Justice. However, repeated attempts by Rep. Ted Poe (R-Texas) and Sen. Bill Nelson (D-Florida) to determine why this case has yet to be prosecuted and to have questions answered concerning any on-going investigation, have been met with silence from the DoJ.

Take action today to call on the Department of Justice to expedite investigations of contractors that are accused of murder, rape and torture.

These recent examples once again emphasize the need for accountability of contractors operating in conflict zones, and Congress is responding. Representative David Price's (D-NC) MEJA Expansion and Enforcement Act of 2007 clarifies U.S. jurisdiction to prosecute contractors of all U.S. agencies operating near a conflict area, not just contractors supporting the work of the Department of Defense, establishes an FBI unit to investigate incidents of use of force by contractors and requires the Department of Justice to report on how it is handling cases of contractor crime referred to it. Last year, Amnesty outlined the U.S. government's responsibilities to ensure contractors involved in human rights violations were held accountable, and to require proper training and screening of contractors, to help prevent future abuses. Rep. Price's bill answered our call to action. In June, Amnesty testified before Congress to support it, and an amended version of the bill was resoundingly passed in the House on October 4, 2007 with a 389-30 vote.

Senator Barack Obama then introduced companion legislation in the Senate, the Security Contractor Accountability Act of 2007 (S. 2147). This proposed legislation, if ultimately made into law, could help bring meaningful accountability for human rights violations committed by contractors in the U.S. "war on terror".

Take Action!

Actions to ensure corporate accountability in the "war on terror"
Host a house party with films focusing on PMSCs
Download a fact sheet and Q&A on PMSCs and gather signatures on a petit ion to the Department of Justice

AIUSA Focuses on Private Companies and Human Rights Abuses in the "War on Terror"

Press release: Amnesty International Charges that "Carnage and Despair" Continues in Iraq. Read the full report and speci al addendum on private military and security contractors. March 17, 2008
Amnesty Report, A Case to Answer, focusing on Abu Ghraib detainee Khaled al-Maqtari, highlights the presence of private contractors in sensitive roles like interrogation. March 14, 2008
Contractors' Violence Against Women, Letter to the Editor of The New York Times, February 22, 2008
Online Debate on Private Security Contractors hosted by the Council on Foreign Relations, featuring Erica Razook, AIUSA Legal Fellow for Business & Human Rights, and Doug Brooks, President of the International Peace Operations Association (PMC industry organization), December 2007
Contractor Accountability, Letter to the Editor of The New York Times, October 16, 2007
Human Rights Abuses Go Unpunished as Civilian Contractors Escape Accountability in Iraq, Says Amnesty International USA, September 18, 2007
Outsourcing Facilitating Human Rights Violations in Murky System for Awarding, Monitoring Contracts.
Contractors Operating in Virtual Rules-Free Zone: U.S. Government's Military and Intelligence Outsourcing in the War on Terror Creating Virtual Rules-Free Zone Where Human Rights Norms Ignored, Violations Flourish
Potential for Accountability in Rep. Price's proposed Transparency and Accountability in Security Contracting Act of 2007. Amnesty urges members of Congress to cosponsor this bill.

Accountability for contractors and human rights abuses?

Lawyer Representing Torture Victims Speaks about Private Military Contractors: Jonathan Pyle, a lawyer representing torture victims against PMCs Titan and CACI, discusses the plight the victims of abuse have suffered, and addresses the importance of holding the companies responsible accountable for grave human rights violations.
How the U.S. Department of Justice could prosecute private military and security contractors for human rights violations: The U.S. Justice Department has the authority to prosecute civilian contractors for certain war crimes and torture committed outside the United States under several U.S. laws.
Professor Proposes Inclusion of Human Rights Protections in Contracting Process: Law Professor Laura Dickenson of the University of Connecticut School of Law

Ask Amnesty: Online Questions and Answers about Private Military and Security Contractors:

Military Outsourcing in the "War on Terror" Fuelling Human Rights Abuses

Amnesty's Letters to Private Military and Security Contractors:

Sample of April 2006 AIUSA Letter to 14 Private Military Contractors
January 11, 2005 AIUSA Letter to CACI
January 11, 2005 AIUSA Letter to Titan
June 17, 2004 Follow up letter to Titan from AIUSA
Form letter from Titan to Amnesty International USA Members
June 3, 2004 Follow up letter to CACI from AIUSA
May 27, 2004 Response from CACI International Part 1, Part 2, Part 3, Part 4 (PDF)
May 21, 2004 AIUSA's Letter to CACI International (in PDF)
May 21, 2004 AIUSA's Letter to The Titan Corporation

Learn More About Torture, the "War on Terror", Contractors, and Iraq:

AIUSA Statement at 2006 Annual Report Launch: Read Executive Director Larry Cox's statement on how private military and security contractors are acting with virtual impunity in Iraq and Afghanistan, or watch or listen to the broadcast.
Additional information from Amnesty International on Torture Allegations in Iraq and Resources for Activism
Human dignity denied – Torture and accountability in the 'war on terror' A report based on Amnesty International's 12-point Program for the Prevention of Torture by Agents of the State
Taking on the Titans How the Alien Tort Claims Act is being used to hold corporations accountable in Iraq (Appeared in Connect, AIUSA's Monthly Mailing, September 2004)