US use of "soldiers of fortune"

[spmetla]

Contractors working with the Department of State or the U.S. military (or with
any of the coalition forces) in Iraq are non-combatants who have no combat
immunity under international law if they engage in hostilities, and whose conduct
may be attributable to the United States. Section 552 of the John Warner National
Defense Authorization Act for FY2007 (P.L. 109-364) makes military contractors
supporting the Armed Forces in Iraq subject to court-martial, but due to
constitutional concerns, it seems more likely that contractors who commit crimes in
Iraq would be prosecuted under criminal statutes that apply extraterritorially or
within the special maritime and territorial jurisdiction of the United States, or by
means of the Military Extraterritorial Jurisdiction Act (MEJA). Generally, Iraqi
courts do not have jurisdiction to prosecute contractors without the permission of the
relevant member country of the Multi-National Forces in Iraq. Some contractors,
including those with the State Department, may remain outside the jurisdiction of
U.S. courts, civil or military, for improper conduct in Iraq.

It is estimated that some 50 private security contractors employing more than
30,000 employees are working in Iraq for an array of clients, including governments,
private industry, and international organizations such as the United Nations.

Armed services include
! static security — protecting fixed or static sites, such as housing
areas, reconstruction work sites, or government buildings;
! convoy security — protecting convoys traveling in Iraq;
! security escorts — protecting individuals traveling in unsecured
areas in Iraq; and
! personal security details — providing protective security to highranking
individuals.

Private Security Contractors in Iraq:
Background, Legal Status, and Other Issues