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The Privatization of Warfare, Violence and Private Military & Security The Privatization of Warfare, Violence and Private Military & Security Companies: A factual and legal approach to human rights abuses by PMSC in Iraq Jordi Palou-Loverdos (Dir.) Leticia Armendáriz Research director Jordi Palou-Loverdos Research Authors: Leticia Armendáriz (Section 1,2,3,4 and Concluding remarks) and Jordi Palou-Loverdos (Annexes A,B,C,D) Research Assistance Mr. K.D. (Iraq) and Mr. E.A. (Iraq). Project coordinators Felipe Daza, CoDirector of Nova – Institute for Active Nonviolence Action, and Anna Roses, former coordinator of Nova. With the key support of Leonie Van Tongeren (The Netherlands), Jose Mª Duarte (Spain) and Carmen Cutrí (Italy) Framework: The Privatization of Warfare, Violence and Private Military & Security Companies: A factual and legal approach to human rights abuses by PMSC in Iraq was implemented in the framework of the international peace and non-violence program “LaOnf initiative: strengthening the conflict prevention and resolution capacities of Iraqi non-violence civil society organizations to contribute to the peace-building process in their country” funded by the Council of the City of Barcelona – Programme Barcelona Solidarity. This investigation was presented before the UN Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self- determination, on October 2011 in Geneva. Cover idea: Jordi Palou-Loverdos Cover design: Marta Calvó Design and edition: Estudilogo Legal Deposit: This work is licensed under the Creative Commons Attribution-Non-Commercial – Non Derivative Works 2.5 Spain licence This work may be copied, distributed, publicly broadcast, translated and modified, provided that this is for non-commercial ends and that its authorship be recognised using the following text: PALOU-LOVERDOS, J. (Dir.) and ARMENDÁRIZ, L. (Author) , The Privatization of Warfare, Vio- lence and Private Military & Security Companies: A factual and legal approach to human rights abuses by PMSC in Iraq, (2011). The Privatization of Warfare, Violence and Private Military & Security Companies The Privatization of Warfare, Violence and Private Military & Security Companies: A factual and legal approach to human rights abuses by PMSC in Iraq Jordi Palou-Loverdos (Dir.) Leticia Armendáriz 3 Jordi Palou - Loverdos I Leticia Armendáriz 4 The Privatization of Warfare, Violence and Private Military & Security Companies ABOUT THE AUTHORS JORDI PALOU LOVERDOS Lawyer, Mediator and national and international conflict resolution Consultant, J. Palou- Loverdos holds a Lawyer Degree, a Master in Criminal Law from the University of Barcelona (currently he is preparing the PhD), and a Master in Mediation and Conflict Resolution from the Ramon Llull University of Barcelona (Spain). He is co-director of AEQUITAS – Mediation and Alternative Conflict Resolution (ACR) Service Office. He lectures Mediation, Conflict Resolution and Transitional Justice at various Universities. He is member of the Barcelona´s BAR (and executive member of its International Criminal Justice Section). He is also member of the International Criminal BAR and lawyer at the International Criminal Court based in Den Haag. He was granted with honourable mention to the 2009 Peace Price of the Catalan Government for his research International justice, plunder in war, human rights and multinationals, by The Office for the Promotion of Peace and Human Rights, Generalitat de Cataluña, 2010. Complementary to the above, some of the main researches he published are Objection, a pacifist revolution, Columna (1998); War crimes against Spanish, Rwandese and Congolese in Central Africa, Revista Electronica de Estudios Internacionales (2007); Mediation and Transitional Justice: global approaches aimed at establishing harmony and featuring the involvement of victims and civil society – (Courts and mediation: New Paths for Justice), European Press Academic Publishing (2011). He got interested in the defence of Human Rights of individuals and collectives in unfavourable social situations at an early age. As head and coordinator in the pacifist civil disobedience campaign of conscientious objectors to Compulsory Military Service, organized by the Association of Conscientious Objectors, he took on the legal defence and assistance in oral trials of about 50 conscientious objectors until the abolition of the compulsory military service in Spain was achieved. With more that 20 year of practice in Law, he heads several theoretical and practical initiatives and investigations in the field of Justice, Human Rights, accountability and multinational corporations, Mediation and Peaceful Conflict Resolution. In the last decade, he has participated -through justice and mediation projects- in several processes of peaceful conflict resolution related to situations in Rwanda, Democratic Republic of Congo, Iran, Iraq, Guantánamo and Afghanistan. Since 2001 he has assumed the legal representation of Catalan, Spanish, Rwandese and Congolese victims in the Conflict in Central Africa so as to succeed in an international action in favour of truth and justice before courts. Since 2004, J. Palou Loverdos is also a facilitator and responsible of the Intra-Rwandese Dialogue (IRD). LETICIA ARMENDÁRIZ She is consulting lecturer in law -Public International Law and Human Rights Law- at the Open University of Catalunya (UOC). Doctor in Law from the UOC. PhD’ thesis focused on war crimes in internal armed conflicts. She was visiting professional at the Inter-American Court of Human Rights (2008-2009). She also held research residences at the Center for International Conflict Resolution (CICR) - Columbia University (2006), and the Instituto de Investigaciones Jurídicas (IIJ) – Universidad Nacional Autonoma de México (2004). Among her publications and presentations are “The formulation of International Humanitarian Law applicable to non-international armed conflicts” (trans), in Revista Española de Derecho Militar (2008), and Peace Agreements: Dealing with Past Abuses. Responsible Peacemaking: A Critical Evaluation of Scholarly Contribution in Conflict Prevention, Peace Negotiations and Peacebuilding, 48th International Studies Association Annual Convention (2007). 5 Jordi Palou - Loverdos I Leticia Armendáriz TABLE OF Contents I. Preface ...............................................................................................................................................................9 II. Starting views ...........................................................................................................................................10 III. About the project ..................................................................................................................................15 IV. Brief overview, scope and methodology ...............................................................................16 SECTION 1 - THE PRIVATE MILITARY AND SECURITY COMPANIES (PMSC) PHENOMENON .............................................................................................................................18 The roots: PMSCs and the mercenary issue .................................................................................18 Contemporary dimensions ....................................................................................................................22 a) Magnitude: a point with no return ...................................................................................22 b) Impact on human rights ........................................................................................................24 c) Activities: the changing role of private military contractors .............................26 SECTION 2 - ANALYSIS OF PMSCS IN IRAQ ...................................................................................27 The Iraqi political and historical context: chronology ..........................................................27 The development of the PMS industry in Iraq ...........................................................................31 The companies .............................................................................................................................................34 The personnel .................................................................................................................................................40 Activities and services................................................................................................................................43 a) Security services ...........................................................................................................................43 b) Military services ............................................................................................................................45 c) Inherently State functions ......................................................................................................46 SECTION 3 - THE IMPACT OF THE USE AND ACTIVITIES OF PMSCS ON HUMAN RIGHTS IN IRAQ .................................................................................................................48 Introduction .....................................................................................................................................................48 Monitoring study of human rights incidents involving PMSCs .......................................53 a) Inherently governmental functions-related violations ........................................53
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