Within the broader debate over the political economy of statebuilding, the role of foreign direct investment (FDI) in fragile and post-conflict settings is increasingly controversial but still understudied. This paper examines the tensions between the good governance agenda currently being implemented in Iraq and the investment dynamics occurring at the country’s national and provincial levels. Drawing on disaggregated data, the paper argues that the flow of FDI is reinforcing destabilizing dynamics in Iraq by increasing levels of inequality, deepening the decentralization process, and undermining internal and external balances of power.
The participation of the Palestinian Authority’s (PA’s) security agencies in the armed struggle against Israel in the second Palestinian uprising (2000–2005) is analyzed in this article as a response to the demand of Palestinian society, thus as a unique case of armed forces which, in the lack of political directive, became more attentive to public opinion. The article shows how Palestinian public discourse in the late 1990s–early 2000s, that was shaped by the Islamic movement of Hamas, portrayed the PA’s security officials as traitors. Members of the PA security agencies (mainly Fatah members) sought to reposition themselves in the “national camp,” and this motivated them to raise their weapons against Israeli targets. By doing so, they also removed the mental burden of turning their weapons against fellow Palestinians that was one of the major sources for their image as collaborators.
Throughout the Middle East, Islamists, leftists, and other ideological streams are forming coalitions in opposition to their authoritarian regimes. Yet little research has been conducted on the conditions under which these cross-ideological coalitions fail or succeed. Three cases of successful coalition building and one case of failed coalition building in Jordan indicate that cross-ideological coalitions are initiated in the context of external threat and facilitated by organizational forms that ensure the members gain or maintain their ability to pursue their independent goals. Most important, in contrast to other studies, these cases show that the plentifulness of recruits impedes cooperation. Rather than alleviating competition, an abundance of potential recruits increases competition and hinders cross-ideological cooperation.
I n July 2009, the Center for Complex Operations (CCO) facilitated a workshop sponsored by the U.S. Department of Agriculture (USDA) to capture the experiences of USDA agricultural advisors deployed to ministries and Provincial Reconstruction Teams (PRTs) in Iraq and Afghanistan. The discussions yielded numerous individual observations, insights, and potential lessons from the work of these advisors on PRTs in these countries. This article presents a broad overview of the challenges identified by the conference participants and highlights key recommendations generated as a result of suggestions and comments made at the workshop. The workshop was intended to capture insights and lessons from the !eld to develop recommendations for improvements in PRT operations, with a particular focus on agricultural development. The 30 participants came from a broad spectrum of USDA: the National Resources Conservation Service, Food Safety and Inspection Service, Farm and Foreign Agricultural Services, Animal and Plant Health Inspection Service, Agricultural Marketing Service, and the Grain Inspection, Packers, and Stockyards Administration. To focus the agenda, CCO and USDA designed a preworkshop survey administered to the 30 USDA returnees (22 from Iraq and 8 from Afghanistan). After receiving 24 responses, CCO and USDA used the results to develop an agenda built around facilitated group discussions in four areas: doctrine and guidance, civil-military cooperation and command and control relationships, projects and their impact on the host nation, and administrative issues.
The 2011 World development report looks across disciplines and experiences drawn from around the world to offer some ideas and practical recommendations on how to move beyond conflict and fragility and secure development. The key messages are important for all countries-low, middle, and high income-as well as for regional and global institutions: first, institutional legitimacy is the key to stability. When state institutions do not adequately protect citizens, guard against corruption, or provide access to justice; when markets do not provide job opportunities; or when communities have lost social cohesion-the likelihood of violent conflict increases. Second, investing in citizen security, justice, and jobs is essential to reducing violence. But there are major structural gaps in our collective capabilities to support these areas. Third, confronting this challenge effectively means that institutions need to change. International agencies and partners from other countries must adapt procedures so they can respond with agility and speed, a longer-term perspective, and greater staying power. Fourth, need to adopt a layered approach. Some problems can be addressed at the country level, but others need to be addressed at a regional level, such as developing markets that integrate insecure areas and pooling resources for building capacity Fifth, in adopting these approaches, need to be aware that the global landscape is changing. Regional institutions and middle income countries are playing a larger role. This means should pay more attention to south-south and south-north exchanges, and to the recent transition experiences of middle income countries.
This article looks at the genesis of the crisis and the successful enforcement operation carried out by the Pakistan government, specifically with a view to understanding how a complex emergency was handled through well-coordinated application of the military instrument while simultaneously catering for emerging humanitarian needs of the affected population. The larger theoretical theme is how counterinsurgency (COIN) operations contribute to long-term peace-building. After an initial discussion of the various aspects of the 3-month Operation Rah-i-Rast (“The Righteous Way”), this article outlines the strategic vision offered by the government of Pakistan, focusing on recommendations to reinstitute peace and rule of law in the volatile regions of the country
This book explores the contradictions that emerge in international statebuilding efforts in war-torn societies. Since the end of the Cold War, more than 20 major peace operations have been deployed to countries emerging from internal conflicts. This book argues that international efforts to construct effective, legitimate governmental structures in these countries are necessary but fraught with contradictions and vexing dilemmas. Drawing on the latest scholarly research on postwar peace operations, the volume: adresses cutting-edge issues of statebuilding including coordination, local ownership, security, elections, constitution making, and delivery of development aid; features contributions by leading and up-and-coming scholars; provides empirical case studies including Afghanistan, Cambodia, Croatia, Kosovo, Liberia, Sierra Leone, South Africa, and others; presents policy-relevant findings of use to students and policy makers alike.
Disarmament, Demobilization, and Reintegration (DDR) and Security Sector Reform (SSR) have emerged in recent years as promising though generally poorly understood mechanisms for consolidating stability and reasserting state sovereignty after conflict. Despite the considerable experience acquired by the international community, the critical interrelationship between DDR and SSR and the ability to use these mechanisms with consistent success remain less than optimally developed. The chapters in this book reflect a diversity of field experience and research in DDR and SSR, which suggest that these are complex and interrelated systems, with underlying political attributes. Successful application of DDR and SSR requires the setting aside of preconcieved assumptions or formulas, and should be viewed flexibly to restore to the state the monopoly of force.
Fragile states are the toughest development challenge of our era. But we ignore them at our peril: about one billion people live in fragile states, including a disproportionate number of the world’s extreme poor, and they account for most of today’s wars. These situations require a different framework of building security, legitimacy, governance, and the economy. Only by securing development – bringing security and development together to smooth the transition from conflict to peace and then to embed stability so that development can take hold – can we put down roots deep enough to break the cycle of fragility and violence. Currently, we face critical gaps in our international capabilities to secure development. We need to better integrate military, political, legal, developmental, financial and technical tools with a variety of actors, from states to international organisations, civil society, and the private sector. Beyond assistance, we need new networked relationships between peacekeeping forces and development practitioners, and a new approach to security, to help the people in fragile states shift from being victims to principal agents of recovery.
This article analyses which of the major lessons learned from previous experiences in nation building have been applied or ignored in Iraq. It focuses on the first six months of the post-combat period, a time frame generally recognised as being critical for laying the foundations for a stable and democratic future. A review of previous cases points to six lessons that, in fact, have been unlearned, and only two that have been realised in this initial phase in Iraq.
This book was commissioned by the Canadian military to help senior officers better understand the development dimension of peace and security missions in fragile post-conflict states. It also helps development practitioners better understand their military colleagues in these challenging missions. While it draws mainly from experience in Afghanistan, it has wider application: USAID project staff in Iraq say it is very helpful and “eerily accurate” in describing issues they encounter in their work.
The broadened and deepened notion of security has been evolving in two dimensions, one primarily intellectual and the other concerned more with political practice and policy. This paper briefly describes these dimensions, and then critically examines the acceptance of the new notion of security in the form a security-is-development thesis in South African security policy. This case shows how the security-is-development thesis affects the functions of security agencies and legitimates their anti-democratic behaviour. The case serves as a cautionary tale about how an intellectual construct, movement and school, originally intended to be a critique of state behaviour, can become a tool of state power at the expense of democracy.
Security sector reform has come to be viewed as the foundation for the state-building project in Afghanistan. Although the process has made important strides since its launch in the spring of 2002, the prevailing conditions in the country, notably high levels of insecurity and limited institutional and human capacity, have not been conducive to reform. Attempts to adjust the SSR agenda to reflect these conditions and meet immediate security challenges have deprived the process of its holistic vision. Its onus has shifted from ensuring democratic governance and accountability of the sector to maximizing security force effectiveness, a slide towards expediency that has threatened the underlying goals of the process.
Undoubtedly, the expansion of the UCMJ to contractors and other persons accompanying or serving with the armed forces in the field will be challenged on constitutional grounds. But is this legislation unconstitutional? This article discusses the Supreme Court cases that have addressed the constitutionality of the application of the military law and court-martial jurisdiction to civilians, the Supreme Court decisions that may provide insight into the Court’s views of military jurisdiction, and how today’s Court might address the constitutionality of this expansion of UCMJ jurisdiction in light of recommendations made by the DoD on implementation and withholding of UCMJ convening authority. Part II of this article discusses the legislative expansion of UCMJ jurisdiction, and Part III discusses the Joint Service Committee recommendations on implementation of this expansion. Part IV discusses Supreme Court cases relevant to application of court-martial jurisdiction to civilians, and Part V briefly discusses current similarities and differences between civil court and court-martial procedure. Finally, Part VI attempts to predict whether the Supreme Court would find various applications of the UCMJ to contractors constitutional.
Counterinsurgency strategies employed by the US military in Afghanistan have led to the US military embarking on civil governance reform. This has created new forms of civil–military relations with Afghan and international counterparts. These relations appear less dramatic than ‘conventional’ civil–military relations, in that they do not create the same visible alignment on the ground between military and non-military identities. In addition, the increased merging of civil and military work areas creates a new complexity that stems from semantic confusion. This complexity is mostly about norms and principles, in that the core puzzle is the more general question of what kinds of tasks the military should and should not do, rather than about violent consequences to civilians and questions of neutrality. This article proposes the term ‘third-generation civil–military relations’ to capture and examine the conceptual challenges that stem from the merging of military and civil work areas in Afghanistan’s reconstruction.
From a management perspective, this article presents a process model to analyze cooperation between military and civilian actors in peace support operations. By means of multiple case study research, the article applies the model to eight partnerships between the Dutch Provincial Reconstruction Team and civilian actors (nongovernmental organizations, district governors, local constructors) in Baghlan, Afghanistan. These partnerships include explosives removal, power plant construction and police training courses. The article shows that civil-military cooperation processes follow six successive steps: decision to cooperate, partner selection, design, implementation, transfer of tasks and responsibilities, and evaluation. It is concluded that there is a lack of unambiguous and useful military guidelines regarding civil-military cooperation; the military are often unaware of other actors operating in the area and their programs, cooperation is frequently supplybased rather than demand-driven, and many military personnel involved in civil-military cooperation have little experience with and training in the subject.
Previous analyses have provided extensive and in-depth insights into the external relations of Provincial Reconstruction Teams (PRTs) in Afghanistan, particularly the division of labour between them and the humanitarian assistance community. This article broadens and deepens this literature by focusing on the internal relations of PRTs, particularly the cooperation between military and civilian sections within them. It shows that the successes and failures of PRTs are not just on the part of individual advisers, officers or uncooperative partners, but can also be located in the organizational culture of a PRT as a whole. On the one hand, a PRT constitutes a forum in which diverging civilian expert, military and national interests may collide, producing a potential for a ‘clash of mindsets’. On the other, such a collision can lead to fruitful results and innovative policies in which different viewpoints complement each other.
The United States has consistently failed to deal with the breakdown in public order that invariably confronts peace and stability operations in internal conflicts. Analysis of experience in Panama, Somalia, Haiti, the Balkans and Iraq demonstrates that indigenous police forces are typically incapable of providing law and order in the immediate aftermath of conflict, and so international forces must fill the gap – a task the US military has been unwilling and unprepared to assume. After 20 years of lessons learned (and not learned), this article argues that the United States must develop a civilian ‘stability force’ of constabulary and police personnel deployable at the outset of on operation to restore public order and lay the foundations for the rule of law.
Despite considerable effort and large sums of money spent over five years of police reform in Afghanistan, the investment has yet to yield significant results. Among the reasons outlined in this article are the failure to distinguish clearly between the different roles of the police and the military in contributing to security sector reform; a lack of strategic vision and effective planning; and a failure to capitalize on the insights, best practices and lessons learned from the last 30 years of police reform in the West. Finally, recommendations are made for remedying current problems and re-directing reform to achieve greater effectiveness.
The humanitarian intervention in Kosovo provides an excellent case study of civil-military cooperation (CIMIC) in peace operations. The intervention required 40,000 heavily armed combat troops from NATO and Partnership for Peace countries to provide security and coordinate relief efforts with the UN, the OSCE, and over 500 humanitarian organizations. CIMIC provided the mechanism for such cooperation and support. Like any concept employed in coalition warfare, CIMIC varied widely in the quality of its application. This study examines the effectiveness of CIMIC within each brigade area and throughout the province as a whole. It identifies best practices and common mistakes to derive lessons that might inform the conduct of future missions, such as those currently underway in Iraq and Afghanistan.
Over the past ten years the United States has relied on private contractors to support military forces and rehabilitate national infrastructures in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq. Though contractors are essential to such post-conflict operations, the U.S. government’s management and oversight of outsourced support remains critically deficient. As the United States builds its institutional capacity for long-term post-conflict reconstruction, it will need to outsource tasks to specialized private firms and non-profit organizations more strategically, efficiently, and transparently. This paper assesses the ramifications of post-conflict outsourcing in four sections. The first section provides a brief history of outsourcing in military and reconstruction operations. The second analyzes the benefits of private contracting arrangements. The third considers pitfalls of the current U.S. outsourcing system, which include inefficiencies as well as more serious security threats. The final section concludes with policy recommendations to improve management systems in the context of post-conflict operations.
The DDR process that took place in Lebanon after the internal wars (1975-89), based on the Ta’if Accord (1989), was not co-ordinated by any international organisation. This paper assesses the reintegration of a number of combatants of one of the militias, the Lebanese Forces, placing particular emphasis on the context in which it unfolded. A programme of reintegration into the Lebanese Armed Forces (LAF) was proposed to the ex-combatants, but because of the high number on one side and because of the situation within the LAF itself (a pluri-religious organisation under reorganisation) this programme had little effect on the process. Instead the majority of the ex-combatants came to rely on their family and network established within the militia for their social and economic reintegration. This study finds that there has been little rupture between life as combatants and life as civilians. Three contextual factors were particularly important: the small size of the country, the rhythm of the war where periods of combat alternated with periods of calm, and the close contact combatants managed to keep with their family, work, schools and universities. A key lesson for DDR processes more generally stems from the study: DDR initiatives are likely to be most effective when they work alongside and augment indigenous positive social processes contributing to reintegration.
This article explores developments in the UK’s institutional arrangements for managing ‘stabilization’ operations. It suggests that ‘stabilization’ activity takes place within a different framework of priorities from either ‘development’ or military-led ‘hearts and minds’ frameworks. It argues for a sharpening of, and to some extent a returning to basics for, Civil–Military Cooperation (CIMIC) while creating capabilities for a more developed form of ‘stabilization CIMIC’. It also highlights the need for new and widely understood institutions that enhance the capacity for comprehensive and integrated (rather than sequential or coordinated) interdepartmental operational planning. It stresses the difficulties with stabilization models that imply a generic sequencing of activities, rather than approaches that represent a mixture of simultaneity and ‘critical path analyses. The debates framed in this article are rooted in institutional developments witnessed in 2006 and 2007.
Peacekeeping has been a significant part of Australia’s overseas military engagement since the end of the Second World War. Yet it is a part of the country’s history that has been largely neglected until the 1990s, and even since then interest has been slow to develop. In the last sixty years, between 30,000 and 40,000 Australian military personnel and police have served in more than 50 peacekeeping missions in at least 27 different conflicts. This insightful, engaging and superbly-edited volume approaches Australian peacekeeping from four angles: its history, its agencies, some personal reflections, and its future. Contributors discuss the distinction between peacekeeping and war-fighting, the importance of peacekeeping in terms of public policy, the problems of multinational command, and the specialist contributions of the military, civilian police, mine-clearers, weapons inspectors and diplomats.
This article examines the military aspects of international state-building efforts in Afghanistan through the lens of critical theory. It outlines the conventional approach to state-building, as it has evolved in recent decades, and briefly describes the emerging reflexive critique of that approach developed by state-building scholars grounded in critical theory. It then applies the reflexive critique to the Afghan state-building project, an exercise that substantiates key aspects of the critique but also reveals a divergence between the broadly conventional approach taken in Kabul and the more adaptive approaches of many practitioners at the province and district levels. It concludes with a discussion of the potential implications of this convergence for theory and practice of state-building in Afghanistan and beyond.
This book examines the role of multiethnic armies in post-conflict reconstruction, and demonstrates how they can promote peacebuilding efforts. The author challenges the assumption that multiethnic composition leads to weakness of the military, and shows how a multiethnic army is frequently the impetus for peacemaking in multiethnic societies. Three case studies (Nigeria, Lebanon and Bosnia-Herzegovina) determine that rather than external factors, it is the internal structures that make or break the military institution in a socially challenging environment. The book finds that where the political will is present, the multiethnic military can become a symbol of reconciliation and coexistence. Furthermore, it shows that the military as a professional identity can supersede ethnic considerations and thus facilitates cooperation within the armed forces despite a hostile post-conflict setting. In this, the book challenges widespread theories about ethnic identities and puts professional identities on an equal footing with them.
The United States has been conducting peace operations under various names throughout its history, while never defining these tasks as a core mission. However, the combined effects of the end of the cold war, involvement in the Balkans and the post-conflict reconstruction of Iraq are leading the United States to embrace the full spectrum of operations. Since 2004, new doctrine has been published and new concepts introduced, reflecting a more holistic approach to peace and stability operations. The majority of US military personnel now have experience in these missions. Both services have been re-examining their own history, dusting off and republishing the counter-insurgency and small war writings of the past 100 years. It remains to be seen whether the doctrinal shift away from large conventional wars is permanent or a temporary response to recent events.
This article compares Britain’s failed attempt at building a stable, liberal state in Iraq from 1914 to 1932 with the USA’s struggle to stabilise the country after regime change in April 2003. It sets out a template for endogenous state-building based on the evolution of the European state system. It then compares this to exogenous extra-European state-building after both World War I and the Cold War. It focuses on three key stages: the imposition of order, the move from coercive to administrative capacity and finally the evolution of a collective civic identity linked to the state. It is this process against which Iraqi state-building by the British in the 1920s and by the USA from 2003 onwards can be accurately judged to have failed. For both the British and American occupations, troop numbers were one of the central problems undermining the stability of Iraq. British colonial officials never had the resources to transform the despotic power deployed by the state into sustainable infrastructural capacity. Instead they relied on hakumat al tayarra (government by aircraft). The dependence upon air power led to the neglect of other state institutions, stunting the growth of infrastructural power and hence state legitimacy. The US occupation has never managed to impose despotic power, having failed to obtain a monopoly over the collective deployment of violence. Instead it has relied on ‘indigenisation,’ the hurried creation of a new Iraqi army. The result has been the security vacuum that dominates the south and centre of the country. The article concludes by suggesting that unsuccessful military occupations usually end after a change of government in the intervening country. This was the case for the British in May 1929 and may well be the case for the USA after the next presidential election in 2008.
This article describes the slow and uneven movement towards a more professional approach to nation-building. The post-cold war era is replete with instances where the United States found itself burdened by the challenges of nation-building in the wake of a successful military operation. American performance in the conduct of such missions improved slowly through the 1990s, but this trend was not sustained into the decade beginning in 2000. The article outlines what a more professional approach to peacebuilding would require, highlighting a hierarchy of tasks that flow in the following order: security, humanitarian relief, governance, economic stabilization, democratization and development.
Preparation for nation-building requires that responsible political leaders consult both with regional and functional experts, those who know why the society in question descended into conflict and those who know from experience elsewhere how to put such societies back together. Goals must be established which transcend the most immediate and normally negative purposes of the inter vention, e.g. halting conflict, stopping genocide or turning back aggression. These positive goals must be commensurate with the scale of military manpower and economic assistance likely to be committed. The larger the social transformation envisaged, the greater the resistance likely to be encountered. The most common cause for the failure of nation-building endeavours is a mismatch between objectives and commitments.
Post-Conflict Peacebuilding comes at a critical time for post-conflict peacebuilding. Its rapid move towards the top of the international political agenda has been accompanied by added scrutiny, as the international community seeks to meet the multi-dimensional challenges of building a just and sustainable peace in societies ravaged by war. Beyond the strictly operational dimension, there is considerable ambiguity in the concepts and terminology used to discuss post-conflict peacebuilding. This ambiguity undermines efforts to agree on common understandings of how peace can be most effectively ‘built’, thereby impeding swift, coherent action. Accordingly, this lexicon aims to clarify and illuminate the multiple facets of post-conflict peacebuilding, by presenting its major themes and trends from an analytical perspective. To this end, the book opens with a general introduction on the concept of post-conflict peacebuilding, followed by twenty-six essays on its key elements (including capacity-building, conflict transformation, reconciliation, recovery, rule of law, security sector reform, and transitional justice). Written by international experts from a range of disciplines, including political science and international relations, international law, economics, and sociology, these essays cover the whole spectrum of post-conflict peacebuilding. In reflecting a diversity of perspectives the lexicon sheds light on many different challenges associated with post-conflict peacebuilding. For each key concept a generic definition is proposed, which is then expanded through discussion of three main areas: the meaning and origin of the concept; its content and essential components; and its means of implementation, including lessons learned from past practice.
Can the justice of a postconflict settlement be anything other than victor’s justice? This article will examine that question through the lens of military occupation. Long an accepted element of war at a time when war itself was not illegal, complicated rules outlining the rights and responsibilities of an occupying power developed over the nineteenth century. By the middle of the twentieth century, however, the prohibition of the use of force enshrined in the UN Charter—designed “to save succeeding generations from the scourge of war”3—made occupation law something of an embarrassment. Though the latter part of that century was not noted for the absence of conflict, occupation law itself was rarely invoked. The abolition of colonialism and the condemnation of occupation in the 1970 Declaration on Friendly Relations led some to question whether occupation law had fallen into desuetude.
With the proliferation of the U.S. military’s reliance on contractors as a means of supplementing – and not just supplying – the troops on the ground, serious questions have arisen with respect to the legal regime governing the contractors’ conduct. The legal regime that governs those contractors is at best unclear, given the contractors generally fall outside the auspcies of the Uniform Code of Military Justice. My focus is on the accountability of the U.S. government for the actions of their private contractors. In Part II, I discuss the necessity and importantce of a civil right of action in these cases. Part III will examine the era of privatization and rise of the private contractor in the War on Terror. Part IV demonstrates the lack of accountability for U.S.-directed contractor abuse under current law. Finally, in Part V, I examine mechanism for minding the liability gap between the rights of the abused and the liability of those ultimately responsible.
In the practice of conflict transformation, the military, as the perceived perpetrator in most armed conflicts, is almost always excluded. This paper attempts to explore the advantages of integrating armed forces in the process of conflict transformation through the description of the different approaches in engaging the military in peacebuilding, including the use of various instruments that are appropriate and effective with this particular target group. An experiment of this kind conducted in southern Philippines has shown the positive results of this approach in the cessation of hostilities in its 40-year civil strife between the Muslim insurgents and the Christian government, with a direct impact on the behavior and attitudes of the conflict actors both on intrapersonal and interpersonal levels. Finally, this paper analyzes the future challenges of converting capacities of war, such as the military, into capacities for peace within the context of the peace process.
Civil-Military Cooperation (CIMIC) is the relationship between militaries and humanitarians. Largely conducted in post-conflict environments, CIMIC has become a key characteristic of military operations in the twenty-first century. However, the field is mostly understood through stereotype rather than clear, comprehensive analysis. The range and scope of activities which fall under the wider rubric of CIMIC is huge, as are the number of differing approaches, across situations and national armed forces. This book demonstrates the wide variety of national approaches to CIMIC activities, introducing some theoretical and ethical considerations into a field that has largely been bereft of this type of debate. Containing several case studies of recent CIMIC (in the Balkans, Afghanistan, and Iraq) along with theoretical analyses, it will assist scholars, practitioners, and decision-makers become more aware of the ‘state of the art’ in this field.
The increased sophistication of peacekeeping missions has inevitably expanded the roles of all actors in the field particularly the military who have to play law enforcement functions, in addition to their traditional role, until civilian police are deployed. This essay discusses the consequences of the military role as law enforcers in conflict situations. The author proposes the concept of Formed Police Units (FPUs) to close the security gap that arises in these cases.
The authors provide a context for understanding the region’s security dilemmas, highlighting the link between failures of economic development, governance, and democratization on the one hand, and military insecurity and violent conflicts on the other. The role of key regional and external actors in foiling – and sometimes fueling – conflicts is also examined.
Providing adequate protection, antiterrorism (AT) training and, if necessary, personnel recovery for civilian contractors deployed to support U.S. military operations presents significant legal and policy challenges that both the military and civilian contractor companies have yet to fully appreciate, let alone properly institutionalize. In tandem with identifying the legal and policy considerations associated with these issues, this article will also address the matter of civil liability to the parent contracting company should it fail to provide adequate protection, or appropriate AT training, or both, to their civilian employees serving overseas in hostile environments. Due to federally imposed personnel limitations for the armed forces and the need for specialized skills in the modern high-tech military, hundreds of activities once performed by the military are now privatized and outsourced to thousands of civilian contractors. One of the consequences of the global War on Terror is that American and coalition contractors–particularly in Iraq and Afghanistan –are increasingly subjected to kidnappings, torture, and murder by terrorists, criminal elements, and other insurgency forces. Therefore, it is imperative that issues of force protection, AT training, and personnel recovery be fully delineated and the related legal contours be more clearly defined.