Can a private military 'contractor' be labelled an unlawful enemy combatant?

Question

like the Blackwater types.
Can the labels applied to those captured in Afghanistan and held in Gitmo be applied to paid mercenaries?
or are they afforded some sort of legal protection?

add to my question, i'm thinking that 'enemy combatants' have been termed so by saying that they don't wear a recognizable military uniform, don't fight for a country, etc by the Bush admin, would say, Iran be able to snatch one off the streets of a foreign country and hold one indefinately under the same legal justifications that many Gitmo residents have been classified?

Answer 1

I believe the PMC guys have no rights to POW status. This means that they do not have to be sent home after the war is over and that they may be put on trial for their actions. A lawful combatant or civilian may suffer neither of these fates. Still, EVERYONE IS AFFORDED LEGAL PROTECTION. You cannot be mistreated in anyway that would be considered inhumane, this applies to even criminals. The difference would be that you could be labeled a criminal if you are deemed a mercenary.

The Geneva conventions deals with this issue but never thought to deal with recent "complexities". It just mentions that mercenaries, who must take part in front-line fighting, are not afforded the same rights as a legal soldier. Since they are not subject to either party of the conflict or a local resident, they may not engage in any fighting.....of course they can defend themselves. In Iraq, PMC act as protective details for VIPs and security guards. They are armed and so can shoot. This makes it a topic of interest, and many claim it is illegal.

Basically, the Bush administration always liked to push the legal boundaries, upon which PMC now lies. I think we'd need a Congressional hearing or some sort of trial before we could ever know for sure. It's just one of those things that could easily go either way.

Answer 2

If military contractors committed offensive actions, then yes they could.

Mercenaries are banned by the UN, they are against international law.

But security guards aren't mercenaries.

Legally, there is no difference between the security guard at the mall or walmart, and the blackwater security contractors in iraq,

Except Iraq is a more dangerous enviroment.

Most people mistakenly believe that most security contractors are hired by the US government, when the US government has hired very few.

Most are hired for Foreign firms, sub contracting for the larger contractors.

The 4 contractors who were killed and burned early in the war, worked for a Kuwaiti company. yes, they were hired thru Blackwater, but the contract was from a Kuwaiti company.

They also believe that most security contractors are american or british, when most are Iraqi.

A full 60% of all contractors in Iraq, are Iraqi's.

Answer 3

If they engage in attacks then yes however the Black water types are mostly involved in security and when engaged in combat i.e. defending they are legal.

Answer 4

Mercenaries are illegal as the mercenaries in Angola found in the 1980s when they were captured , tried and executed for murder.