Feral Jundi

Monday, July 20, 2009

Legal News: CTU Update–Americans Held in Iraq: FBI Violated Rights

Filed under: Legal News — Tags: , , , , , — Matt @ 2:55 PM

   Glad to hear that these guys are out finally, and what a crappy deal. –Matt

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Americans held in Iraq: FBI violated rights

July 20, 2009

Bill Gertz

For more than a month, two U.S. citizens who worked for contractors in Iraq were held in prison with no formal charges against them.

They were pressed to sign an Iraqi government statement but refused, their attorneys say, and waited 43 days for their day in court before being released on bond after a hearing in Iraq’s Central Criminal Court over the weekend. Yet their attorneys say they still do not know specifically why they were detained.

The men weren’t being held by Iraqi authorities but rather by the FBI in a U.S. military prison, prompting allegations from their attorneys that American due-process laws weren’t being followed.

“When American citizens are held by American authorities, the Constitution and Bill of Rights all apply regardless of the technical circumstances,” said Tim Haake, a former two-star Army general and lawyer who is helping to represent the two detained men, Micah Milligan and Jason Jones.

Thomas Suddath, a lawyer in Philadelphia also representing the men, said U.S. authorities gave the legal team very little information about what charges were being contemplated against the men.

Stacey Jones, wife of Mr. Jones, said on Saturday afternoon that her husband was released from custody at Camp Cropper, the military prison near Baghdad International Airport.

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Sunday, July 19, 2009

Industry Talk: Pentagon Lays Out Detailed Regulations for Security Contractors

Filed under: Industry Talk — Tags: , , , , , — Matt @ 2:48 AM

   Wow, Max Weber eat your heart out. lol Good job to the Defense Department and this is a great step.  Congrats to all those that have been involved with pushing this through and giving the government the guidance necessary to make this a reality.

   Hopefully between now and August, some Kaizen will be applied to this document so it truly is something we can rally around and it will be interesting to hear what the voices in the industry have to say about it.

   As to the next crucial step–have enough regulators to actually enforce this stuff.  I know I am asking for too much, but if you want a quality product, the government is going to have to step up and monitor this stuff.  I do not advocate micro-managing, but I do advocate visiting all the sites out there where contractors are posted or driving at and get involved a little.  Get some shared reality and understand the job at hand for this industry, so you can apply these regulations with a little common sense.  We are not out there to do bad, we are out there because we want to protect the customer and represent the cause. –Matt

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Pentagon lays out detailed regulations for security contractors

By Elizabeth Newell

July 17, 2009

The Defense Department released an interim final rule Friday laying out policy regarding the use of private security contractors in war zones.

The interim rule, which is effective immediately, modifies the Code of Federal Regulations to include policies and procedures for selecting, training, equipping and overseeing private security contractors.

The Office of the Undersecretary of Defense for Acquisition, Technology and Logistics, which filed the rule, wrote that it is “of critical importance” to address insufficient policy and guidance regulating the actions of security contractors working for Defense and other agencies in war zones.

“It will procedurally close existing gaps in the oversight of private security contractors, ensure compliance with laws and regulations pertaining to inherently governmental functions, and ensure proper performance by armed contractors,” the rule stated.

The rule requires combatant commanders to develop detailed guidance for security contractors operating in their geographic area of responsibility. The guidance must address a range of specific issues, from ensuring private security contractors have the proper training and certification to carry weapons to coordinating communication between PSCs and military forces.

The rule, which is open for comment until Aug. 13, states that private security contractors must document and report incidents involving weapons discharges, attacks, deaths or injuries of PSCs or as a result of action by PSCs, or destruction of property. The contractors must also report any active, nonlethal countermeasures taken in response to a perceived threat if that incident “could significantly affect U.S. objectives with regard to the military mission or international relations.”

In filing the rule, Defense officials said the timing was critical, as the increase of troops in Afghanistan will result in a corresponding rise in the number of private security contractors there.

Doug Brooks, president of the International Peace Operations Association, which represents private security firms, said the rule codifies practices Defense has been implementing for awhile. It makes sense to formalize lessons learned in Iraq so they can apply in Afghanistan, he said. Until now those lessons have been addressed piecemeal through amendments to contracts with security firms.

“A lot of the contractual issues have been largely sorted out in Iraq, but we’re seeing them pop up again in Afghanistan,” Brooks said. “They’re going to have to be sorted out in Afghanistan, which can be a little bit of a painful process, so this is good.”

Erik Quist, general counsel for EOD Technology Inc., a Tennessee-based firm providing security and ordnance disposal services, agreed that most of the rule’s requirements mirror what Defense has been writing into security service contracts.

“It’s not new, it’s not burdensome and the fact that there is now, at this level of government, an official articulation and direction of the process, that’s very important,” Quist said. “If we know what the process should be we don’t have to fret that if something’s absent from our contract, we won’t know what to do. Institutionalizing these requirements under the pending new rule is an important part of the overall effort to protect the taxpayer’s best interests while at the same time establish a process to utilize the very valuable role private security companies can play in supporting the government.”

Story here.

 

Thursday, July 2, 2009

Podcasts: ‘Long, Hot Summer’ Ahead For U.S. Troops In Iraq

   We’ll see how it goes.  I think it is important to note our continuing work, which continues to be ignored by the main stream media, and that we will be impacted by the drawdown as well.  Supplies will still need to be brought in to the camps, and even more security contractors will be needed to haul equipment out along with those standard logistics runs.  And as U.S. troops are shuffled around, the civilian camp security elements will become more important to ‘buffer’ these movements. Oh, and don’t forget the fact that all the facility maintenance is highly dependent on civilian contractors, and without these folks.  These guys are really important when AC units or generators breakdown, or god forbid, any internet networks break down.

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Tuesday, June 23, 2009

Iraq: Rumblings in Falluja Threaten to Disrupt Script for U.S. Withdrawal

Filed under: Industry Talk,Iraq — Tags: , , , , — Matt @ 2:55 PM

Mr. French, the reconstruction team leader, said, “Everyone’s feeling squirrelly now because we’re in a transition phase, where the perception was that the release of the Bucca detainees and the withdrawal of the Marines would make things worse.”

“My inclination is to say, yes, the security is worse,” he said. “Are there really any more incidents? I don’t think so.” Although the American team has not reduced its activities in the Falluja area, he said, “we keep a low profile.”

     There are three things in this story to focus on.  The troop withdrawals, the release of prisoners, and the threat towards contractors that are involved with reconstruction.   All of those  planets are in alignment for Iraq to be an active place.  The insurgency will definitely try and test the Iraqi government and it’s forces with all sorts of attacks.  And given the latest suicide and IED attacks, this is already starting.

   There is one more factor to keep in mind, and that is the stuff going on in Iran right now.  I could see Iran upping the tempo of operations in Iraq, to try and take the attention off of what’s going on in their country.  That, and attacks might be used as leverage to somehow influence US actions.  The rhetoric might go like this–stay out of our business in Iran, and we won’t turn on the switch in Iraq for violence.  It’s just a guess, but you never know the geopolitical underpinnings of what could be going on right now over there.  Either way, it is just one more factor that could contribute to possible instability in Iraq.

   So with that said, the remaining security forces, meaning security contractors and military, will definitely be working hard in a rapidly evolving environment.  Keep your head on a swivel guys and gals. –Matt

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June 24, 2009

Rumblings in Falluja Threaten to Disrupt Script for U.S. Withdrawal

By ROD NORDLAND

FALLUJA, Iraq — Falluja was supposed to be a success story, not a cautionary tale.

After all, by last year the city, a former insurgent stronghold, was considered one of the safest places in the country. Local Sunni sheiks had driven out the insurgent group Al Qaeda in Mesopotamia and held successful elections, and American engineers were hard at work on a showcase reconstruction project: a $100 million wastewater treatment plant meant to be a model for civilian advances in Iraq.

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Industry Talk: Canada Agrees to Stricter Controls on Afghan Hired Guns

“If they had a rule book and they followed it, you’d think they’d be very happy to tell you about it,” Harris said.

The Defence Department directed questions to the Foreign Affairs Department, which answered with an email late Tuesday afternoon.

The accord “is fully consistent with current Canadian policy and practice related to the use of private military and security companies,” said the note from Alain Cacchione. 

   Finally, some talk about the Montreaux Document. The big one here goes back to regulation and quality control.  You can sign all the documents in the world, but unless there is enforcement of those rules, companies are going to do whatever they want.  If Canada was to take a hint at the US lackluster performance, they would hire enough government or military contracting officers (CORs) to actually manage these contracts.  Give the CORs a strong leader and some teeth to deal with the delinquent companies, and get to work.

    As for managing these local companies, you tell them if they cannot abide by the contract, then it is a default on contract and the thing is null and void.  Then put the word out that because company X could not perform to the standards of the contract, they were dropped or massively fined.  Companies will catch on real quick about what contract compliance means. Where companies get away with murder, is when no one is watching or even cares.  That is why it is so important to have enough people to watch these companies and actually keep these groups honest.

   The other one that kills me is when governments make excuses on why they cannot manage these companies.  There is no viable excuse.  You write a comprehensive contract that both the company and yourself understands and agrees too, and then you provide the necessary resources to manage that contract. Make it a priority, and hire the necessary folks to manage this stuff.

    And management does not mean quality control from the comforts of your office in Kabul or Washington DC.  Management means actually getting out in the field, and checking up on these guys.  If the companies know your watching and care, they will comply.  And in the tradition of Sun Tzu, if you make an example of the first company that decides to mock the contract…. drop those fools.

     Better yet, if you can write into the contract some kind of fines system, that would be better. I am not talking about a few thousand dollars, I am talking about tens of thousands of dollars or even millions–make it painful.  Money is what drives these companies, and money should be the first tool of choice used to punish or even reward the company.  If the company refuses to pay the fine, drop them and take them to court if you want.  There are plenty of options of controlling and disciplining these companies, and it all starts with a well written contract along with enforcement of these contracts. All of this should be commonsense, yet every story I read about this stuff tells me that no one has any sense at all in the upper ranks of this machine.  Wake up.

   The other point I want to stress for the Canadians is that if you are serious about COIN, then it behooves you to get your hired guns under control.  That your regional strategy could be hindered or even destroyed, because you failed to properly manage your contractors in that region.  You have to remember, these companies are your asset, and essentially a representative of you.  If they kill some civilians in a village, and the the village knows the company was working for you, who do you think the villagers are going to blame?  Who do you think the Taliban are going to blame in that scenario? Wake up.

     Man this pisses me off.  Both the US and Canada, along with the rest of the Coalition in this war, have done Jack Squat about managing the close to a quarter million contractors in their AO’s.  If you want your COIN strategy to succeed, you are going to have to actually first acknowledge our existence, and second, tell us what your plan is so we don’t mess things up.  It’s ok to tell us what to do…. you’re the one paying for our service….really, it’s ok.  To me, this is like playing a football game, and half the team is not included in the huddle. –Matt

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Canada agrees to stricter controls on Afghan hired guns

Jun 16, 2009

By Murray Brewster, The Canadian Press

OTTAWA – Canada quietly signed an international agreement on regulating private security companies in war-zones just weeks after a Canadian soldier was allegedly shot by a contractor during a confused firefight in Afghanistan last summer.

But it’s unclear what the government is doing to keep the hired guns on its payroll in check.

Canada was one of 17 countries to agree last fall to the Montreaux Document, which lays out responsibilities for the use of hired guns under international law.

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