Taking Shots at Private Military Firms: International Law Misses its Mark (Again)

Part I of this Article takes a brief tour through military history on the consistent use of mercenaries through the ages, which Peter Singer illuminates masterfully in Corporate Warriors. Next, a brief overview on the binding nature (or not) of international custom and treaty is explored in Part II and then the codifications of international law are taken up in Part III, beginning with the Hague and Geneva Conventions. Several United Nations (“U.N.”) instruments are analyzed for their efficacy in changing the long-standing customary international law on the use of mercenaries and whether or not each is applicable to PMF contractors. Part IV closes out the Article by discussing alternative bodies of domestic law that provide criminal accountability, including the recent case of Alaa Mohammad Ali, a civilian contractor working in Iraq who was convicted on June 23, 2008 by court martial under the recent changes to the Uniform Code of Military Justice (“UCMJ”)

Managing Uncertainty: Lessons from Xenophon\u27s Retreat

Propositions on dynamic capabilities and organizational politics are developed from management literature and are then evaluated using case analysis. The goal is to identify complementary aspects of these perspectives to change from an ancient example that can offer insights for management thought and practice today. Initially chronicled by Xenophon, roughly 10,000 Greek mercenaries spent over two years confronting demanding circumstances as they fought their way into and out of ancient Persia. The mercenaries\u27 response to changing circumstances offers a unique case for integrating literature on responses to uncertainty that range between rational and haphazard explanations. The analysis suggests uncertainty management is a complex phenomenon imperfectly represented by existing models

In Defence of Mercenarism

The recent wars in Iraq and Afghanistan have been characterized by the deployment of large private military forces, under contract with the US administration. The use of so-called private military corporations (PMCs) and, more generally, of mercenaries, has long attracted criticisms. This article argues that under certain conditions (drawn from the Just War tradition), there is nothing inherently objectionable about mercenarism. It begins by exposing a weakness in the most obvious justification for mercenarism, to wit, the justification from freedom of occupational choice. It then deploys a less obvious, but stronger, argument – one that appeals to the importance of enabling just defensive killings. Finally, it rebuts five moral objections to mercenarism.</jats:p

With One\u27s Own Arms: Condottieri, Machiavelli, and the Rise of the Florentine Militia

This paper examines the use of mercenary warfare on the Italian peninsula during the late 15th and early 16th centuries. It later focuses on the unique political and economic environment in Florence that led to Niccolo Machiavelli orchestrating the creation of the Florentine militia

“Soldiers for Sale: German “Mercenaries” with the British in Canada during the American Revolution, 1776-83 (Book Review)” by Jean-Pierre Wilhelmy

Review of Soldiers for Sale: German “Mercenaries” with the British in Canada during the American Revolution, 1776-83 by Jean-Pierre Wilhelm

The United States, PMSCs and the state monopoly on violence: Leading the way towards norm change

This is the author's accepted manuscript. The final published article is available from the link below. Copyright @ 2013 Sage.The proliferation of private military and security companies (PMSCs) in Iraq and Afghanistan has raised many questions regarding the use of armed force by private contractors. This article addresses the question of whether the increased acceptance of PMSCs indicates a transformation of the international norm regarding the state monopoly on the legitimate use of armed force. Drawing on theoretical approaches to the analysis of norm change, the article employs four measures to investigate possible changes in the strength and meaning of this norm: modifications in state behaviour, state responses to norm violation, the promulgation of varying interpretations of the norm in national and international laws and regulations, and changes in norm discourse. Based on an analysis of empirical evidence from the United States of America and its allies, the article concludes that these measures suggest that the USA is leading the way towards a transformation of the international norm of the state monopoly on violence, involving a revised meaning. Although this understanding has not yet been formally implemented in international law, it has allowed a growing number of countries to tolerate, accept or legalize the use of armed force by PMSCs in the international arena.The Alexander von Humboldt Foundation and the Peace Research Institute Frankfurt

Constitutional Limits on Private Policing and the State’s Allocation of Force

This Note argues that a variety of private police forces, such as university patrols and residential security guards, should. be held to the constitutional limitations found in the Bill of Rights. These private police act as arms of the state by supplying force in response to a public demand for order and security. The state, as sovereign, retains responsibility to allocate force, in the form of either public or private police, in response to public demand. This state responsibility-a facet of its police power-is evidenced throughout English and American history. When this force responds to a public demand for order and security, existing state action doctrine case law places both public and private force tinder constitutional scrutiny

“Of the Ruin and Conquest of Britain”: The Anglo-Saxon Transformation of the British Isles

The history of Britain after the collapse of the Western Roman Empire has traditionally been perceived as one of invasion and domination at the hands of Germanic peoples most commonly known as the Angles, Saxons, and Jutes. Though this is the narrative presented by medieval authors, current archaeology suggests that the settlement of Germanic peoples in Britain was peaceful and characterized by cohabitation and acculturation. Further examination and contextualization of the most nearly-contemporary sources reveal discrepancies of chronology and causation which indicate that medieval authors constructed their accounts based not upon an understanding of any Anglo-Saxon invasion but rather upon a narrative constructed from their contemporary cultural landscape