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.
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