Feral Jundi

Thursday, November 11, 2010

Industry Talk: Veterans Day And Remembrance Day….. For Military And Contractors

     So as everyone around the world takes time to remember their veterans and their sacrifice, I wanted to include one more group in this remembrance. That would be the thousands of civilian contractors that have served in this current war, and wars past. Their sacrifice and contribution to today’s war effort, and past war efforts, is worth every bit of respect and honor we can give them. Especially the 2000 plus contractors that have been killed in this current war, and the thousands out there that have been wounded.

     It is also important to note that the ranks of contractors in this war are filled with actual military war time veterans. It is quite a thing to work side by side with a veteran of South Africa’s Border Wars, or a veteran of the Vietnam War. Or some veteran that worked multiple tours in today’s wars, both in Afghanistan and Iraq, and here they are, working as a contractor in today’s war. This special class of veteran is the type of individual that stepped up again to put their lives on the line, and give another ounce of flesh to the cause. Wether it be training Afghan police, cooking the food in a DEFAC, building living quarters for the troops, or delivering essential wartime goods on dangerous roads–contractors must be remembered on this day too.

    Now to put my military veteran hat on, because many of us contractors have past service and past wars to remember. All of us who have that experience do not not need to be reminded to remember. If anything, this day comes with the hope that others will not forget these sacrifices, both past and present.

    Let’s not forget about the families of contractors and military veterans too. They are the ones that count the days while their loved ones are gone, and fear those phone calls or visits that might bring news of death. They are the ones that keep raising the family while their loved one is overseas, and they are also the ones to raise that family alone when their loved one is killed or seriously injured. I salute you for your strength and dedication.

    This post is also a dedication to the veterans from around the world who have at one point put it all on the line for their country during time of war. And no matter where or when, that experience is always a horrible sacrifice for all involved. There is nothing uplifting or positive about war, and the only good part about it is when it is over and everyone can go back to living their lives in peace.

    So with that sad, I am always touched by the words in the famous wartime poem ‘In Flanders Fields‘, by Lieutenant Colonel John McCrae. This poem says it all and I wanted to put it up here as a dedication to all veterans, both military and contractor, past and present, and around the world–this is for you.-Matt

In Flanders fields the poppies grow

Between the crosses, row on row,

That mark our place; and in the sky

The larks, still bravely singing, fly

Scarce heard amid the guns below.

We are the Dead. Short days ago

We lived, felt dawn, saw sunset glow,

Loved and were loved, and now we lie,

In Flanders fields.

Take up our quarrel with the foe:

To you from failing hands we throw

The torch; be yours to hold it high.

If ye break faith with us who die

We shall not sleep, though poppies grow

In Flanders fields.

Wednesday, November 10, 2010

Military News: The Marine Corps Birthday Message–2010

Filed under: Military News,Video — Tags: , , , , — Matt @ 7:51 AM

Industry Talk: Private Security Companies Sign Landmark Code Of Conduct In Switzerland

     This is great news and a big round of applause to all involved for all the hard work they put into this over the years. I think it is very significant that so many of the big name companies have signed on to this thing from around the world, and that there has been such wide support from outside organizations.

     Below I posted the DoS statements on the signing, as well as press releases from Triple Canopy and AEGIS. Now what will really be interesting is how this will be implemented, and how it will help to get companies to do the right thing.

     And like what the article below has stated, this Code of Conduct does not mean that the customer does not have to do anything anymore in terms of regulation or oversight. This just gives them a tool to work off of. So hopefully the efforts of the US government will continue down that path of creating a strong and effective contracting corps.

     Especially as the DoS enters into the new phase of these wars, and they become more dependent on the services of security contractors to continue the mission. Or as the shipping companies continues to look more towards armed private security for their boats.  –Matt

ISOA Applauds the Signing of a Landmark Code of Conduct

Trade Association Endorses a Voluntary Code to Address Responsible Oversight and Accountability of Private Security Companies

Washington, DC – The International Stability Operations Association (“ISOA”), a trade association that promotes high operational and ethical standards among its membership including more than twenty private security firms, today strongly endorsed the first-ever International Code of Conduct to ensure better transparency and accountability within the stability operations industry. The code was signed earlier today in Geneva, Switzerland, by more than fifty private security companies, including many ISOA Member companies. Among the speakers at the event were Swiss State Secretary Peter Maurer, Triple Canopy CEO Ingacio Balderas, G4S Director of Public Affairs Michael Clarke, Legal Advisor to the U.S. Department of State Harold Honju Koh, and Devon Chaffee of Human Rights First.In particular, this voluntary Code of Conduct highlights private security contractors’ commitment to respecting human rights and the rule of law in conflict zones, such as Iraq and Afghanistan. For example, it offers guidelines for the rules for the use of force and requires standards for recruitment, vetting, training, management of weapons, and internal control mechanisms. It also requires companies to ensure their employees “take all necessary steps to avoid the use of force” and explicitly bans mistreatment of detainees, forced labor, and sexual exploitation. (more…)

Monday, November 8, 2010

Publications: Corsairs In The Crosshairs–A Strategic Plan To Eliminate Modern Day Piracy, By Alexandra Schwartz

Corsairs in the Crosshairs: A Strategic Plan To Eliminate Modern Day Piracy, By Alexandra Schwartz

Letter Of Marque: A Review Of Corsairs In the Crosshairs

     This note proposes that the solution to the rapidly escalating problem of piracy is for the U.S. government to issue the license equivalent of historical letters of marque to private actors, thereby granting them increased legal immunity and political approval to use force to protect private vessels against piracy.  Letters of marque were legal commissions granted by Congress to private citizens granting them cover to engage enemies of the country.  At the same time, it is important for the U.S. to regulate the forces that they sanction and this note will discuss the current state of such regulation. The legal background of authority to address pirates, emanating from customary, international, and municipal law demonstrates that, despite some potential hurdles, this proposed solution is a legally valid and efficient option. -Alexandra Schwartz from Corsairs in the Crosshairs

     David Isenberg was the one that found this gem of a paper and a big hat tip to him. As you can see in the post above, I have also downloaded a copy into Scribd so you can read the whole thing. This post will be dedicated to some of the highlights of the paper that jumped out at me.

    Specifically, I really liked the various legal mechanisms that Alexandra dug up and I learned some new stuff. If you are interested in the legal side of privatized anti-piracy operations, then this paper is for you.

     There are a few areas that I wanted to put up for the reader to check out and note. One is the 1819 US Law titled ‘Resistance of Pirates by Merchant Vessels’.  Like with the Letter of Marque, this little guy exists in the books as a vigorous means of defense that even involves capture if need be. Here it is:

     The commander and crew of any merchant vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and capture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States. -33 U.S.C. § 383 (2000)

     The next area was in regards to the Declaration of Paris. Alexandra only confirms exactly what I have been repeating here. That the US did not sign the DoP, and that we even signed laws at that time that further enforced our right as a nation to issue LoM’s. She mentioned this law, and I had never heard of it before. Check it out:

     Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all domestic and foreign wars the President of the United States is authorized to issue to private armed vessels of the United States, commissions, or letters of marque and general reprisal in such forms as he shall think proper, and under the seal of the United States, and make all needful rules and regulations for the government and conduct thereof, and for the adjudication That the authority conferred by this act shall cease and terminatethree years from the passage of this act. -An Act concerning Letters of Marque Prizes, and Prize Goods, ch. LXXXV, 12 Stat. 758 (1863) (This act was passed on Mar. 3, 1863, and provided that the authority it conferred would “cease and terminate” three years after its passage). 

     Alexandra also covers some of the particulars of a modern version of a Letter of Marque, and draws from a certain publication written by Robert P. DeWitte called ‘Let Privateers Marque Terrorism: A Proposal for a Reawakening’. So I will have to further research what he has to offer and get that up on blog as well. Check it out and let me know what you think. –Matt

Link to Scribd Publication here.

Edit: 11/09/2010- I wanted to add this one little piece for everyone to check out as well. The author here claimed the Spain and Britain both did not abide by the Declaration of Paris. I had never heard of Britain’s use of Prize Courts and paying prize money to folks to attack the enemy during WW 2. I am definitely trying to find out more about this.

Quote from Corsairs in the Crosshairs:

Moreover, even if one were to argue that the Declaration of Paris has become customary law, it is important to observe that many countries that signed it have continued the practice of issuing letters of marque in the modern era.

See Jacob W.F. Sundberg, Piracy: Air and Sea, 20 DEPAUL L. REV. 337, 353 (1971) (“Even after Spain, in 1908, had acceded to the Declaration of Paris of 1856 which outlawed privateering in naval war between parties to the treaty, the opinion was advanced that it is perfectly possible under general international law to issue letters of marque.”). The British navy utilized prize money to reward those who fought for them in World War II, with the British Prize Court in London awarding about $40 million dollars. Id. at 354. 

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