CONTRACTORS OR ILLEGAL COMBATANTS? THE STATUS OF ARMED CONTRACTORS IN IRAQ

摘要

future conflicts, just as in the current conflict in Iraq, PMF personnel could potentially be considered illegal combatants. The legal consequences of classifying PMF personnel as illegal combatants impacts not only the individual personnel, but also the countries that hired them and the PMFs they work for. If the United States employs PMF personnel in future conflicts, which seems likely given the growing trend of privatization in the military, then the United States must carefully consider these legal consequences. Under the doctrine of state responsibility, a nation can be held liable for actions of non-state actors. Through this doctrine, the United States might be held responsible for illegal activity of PMF personnel. Thus, if PMF personnel are considered illegal combatants because they have unlawfully participated in hostilities, the United States could be held liable for their illegal participation.