According to the United States Department of Defense (DOD), as of 2013 there were over 12,000 DOD contractors supporting the U.S. mission in Iraq (DASD, 2013). This thesis explores the laws and legal systems that operate to keep contractors, and the companies that employ them, resistant to legal oversight. I ground my analysis in the 2007 Nisour Square massacre, exploring how every attempt to prosecute those responsible was doomed due to Blackwater’s legal position of being American-headquartered, hired by the State Department, privately owned, and operating in Iraq. I conclude that the legal indeterminacy of the US deployed security contractor normalizes violence towards Iraqi civilians while simultaneously downloading the risk and responsibility associated with the US war efforts onto the shoulders of individual contractors. Moreover, I suggest that this legal indeterminacy is of particular interest to geographers as it arises, in part, out of overlapping legal systems, jurisdictions, and authorities.

According to the United States Department of Defense (DOD), as of 2013 there were over 12,000 DOD contractors supporting the U.S. mission in Iraq (DASD, 2013). This thesis explores the laws and legal systems that operate to keep contractors, and the companies that employ them, resistant to legal oversight. I ground my analysis in the 2007 Nisour Square massacre, exploring how every attempt to prosecute those responsible was doomed due to Blackwater’s legal position of being American-headquartered, hired by the State Department, privately owned, and operating in Iraq. I conclude that the legal indeterminacy of the US deployed security contractor normalizes violence towards Iraqi civilians while simultaneously downloading the risk and responsibility associated with the US war efforts onto the shoulders of individual contractors. Moreover, I suggest that this legal indeterminacy is of particular interest to geographers as it arises, in part, out of overlapping legal systems, jurisdictions, and authorities.

The influence of private actors within armed conflict is becoming increasingly relevant, as the market for private military and security companies (PMSC’s) is growing in tandem with new opportunities within the sector. Their involvement in many conflicts around the world suggest the demand for private actors is not likely to go away any time soon, as their professional approach to offering an advantage in settling conflicts might appeal to many contracting parties. Despite this however, there exists relatively little research on the influence of PMSCs on armed conflict dynamics. This study aims to investigate how PMSCs might decide to involve themselves in state-based armed conflicts in weak states and how these in turn would influence the overall intensity of that conflict. This thesis provides a causal explanation which suggests that conflicts where PMSCs provide direct combat support have higher levels of conflict intensity in terms of an increased number of battle-related deaths than those where PMSC involvement is limited to non-combat/assisting roles. This is motivated by a theoretical framework which suggests direct combat involvement leads to a higher number of battle-related deaths. The quantitative study includes a number of control variables which have previously been used in studies on conflict dynamics in terms of the onset of armed conflict, conflict duration and with theoretical frameworks applicable to conflict intensity. The quantitative section of the thesis involves a regression analysis which ultimately does not provide significant results for the proposed hypothesis. Lastly, some considerations are made for future research that could potentially improve the reliability and accuracy of studies that intend to incorporate private actors and their influence on conflict dynamics.

Il existe une distinction entre les civils et les membres des forces armées. Cette distinction est implicitement la question de fond de cette étude sur la détermination du statut juridique des salariés des sociétés militaires privées (SMP) participant aux conflits armés. Par ailleurs, la défense et la sécurité de l'État sont assurées par divers acteurs de statuts différents qui ont des rôles bien définis par un cadre juridique : les civils et les membres des forces armées. La distinction sus-évoquée ne se limite pas là, mais elle concerne aussi les seuls membres des forces armées car il existe une distinction interne et une autre externe. Tous les membres des forces armées n'ont pas droit au statut de combattant. En revanche, la négation du statut de combattant à certains militaires n'est que relative et elle n'influence pas leur droit au statut de prisonnier de guerre. Ces militaires sont différents des personnes employées en dehors des forces armées et mandatées par leur employeur pour fournir des prestations auprès des armées sur un théâtre d'opérations. Cette utilisation soulève plusieurs questions en DIH. Les SMP fournissent des prestations qui vont de la logistique à la participation directe aux hostilités. Cette participation directe ou indirecte aux hostilités débouche sur une « hémorragie de langage » pour qualifier les salariés des SMP de mercenaires, de nouveaux mercenaires, de « security contractors », des soldats à vendre, des combattants irréguliers, etc. Ainsi, les salariés de ces sociétés exercent-ils une activité de mercenariat ? Leurs sociétés-employeurs constituent-elles des sociétés de secours ? ... / A distinction is made between civilians and military personnel. This distinction is implicit in the substantive issue of this study on determining the legal status of employees of private military companies (PMCs) involved in armed conflicts. Moreover, the defense and State security are provided by various actors of different statuses that have defined roles for a legal framework. Civilians and members of the armed forces are indeed links in this chain. The distinction mentioned over is not confined there, but it is also about the only members of the armed forces because there is a distinction between internal and one external. All members of the armed forces are not entitled to combatant status. However, the denial of combatant status to certain military is only relative and does not affect their right to prisoner of war status. These soldiers are different from those employed outside the armed forces and mandated by their employer to provide benefits to the armies in a theater of operations. This use raises several issues in IHL. PMCs provide services that go from logistics to direct participation in hostilities. This direct or indirect participation in hostilities leads to a “hemorrhage of language” to describe employees of PMCs as mercenaries, new mercenaries, defense and security contractors, soldiers for sale, irregular combatants, etc. Thus, the employees of these companies undertake specific activities of mercenaries? Their companies-employers do they constitute relief societies ? Are they combatants, noncombatants or irregular combatants ? This is so prompt questions that this thesis attempts to answer.

Private military companies have rapidly filled in many operational force capacities that national militaries now longer have the capabilities to fill natively. As such, PMCs have expanded their rosters as well as their services provided to fill in many roles, and have carried out many such roles such as logistics management, personal and site security, and some inherently state functions such as training indigenous security forces and interrogation of prisoners. This rise has impacted national militaries in many facets of their operations and abstract professional bases. The ability of the PMC to carry out operations at the same standard as regular soldiers but with higher pay has impacted how the regular soldier views their own place in the professional national military, and creates problems for the establishment as a whole. This thesis will discuss the Iraq War as a case study and the impact of PMCs on the war, as well as introduce the Huntingtonian theories of soldier professionalism and corporateness, and will also employ a critical Marxist perspective to analyse the role and impact of PMCs in the modern military convention and in civil-military relations.