Gonzaga Debate Institute 2010

Geneva Conventions – A2: Not Specially Recruited

Arguments claiming PMC’s are long term and not “specially recruited” misconstrues the definition of “specially recruited”.
SALZMAN 9 (“PRIVATE MILITARY CONTRACTORS AND THE TAINT OF A MERCENARY” REPUTATION ZOE New York University School of Law INTERNATIONAL LAW AND POLITICS [Vol. 40:853 May 14, http://law.nyu.edu/ecm_dlv4/groups/public/@nyu_law_website__journals__journal_of_international_law_and_politics/documents/documents/ecm_pro_058877.pdf)KM

Some scholars argue, however, that a private contractor would not satisfy the “specially recruited” requirement because many private contractors work on long-term contracts and are not therefore “specially” recruited to fight in a specific armed conflict.173 This argument misconstrues the meaning of the term “specially recruited.” As an initial matter, it is possible to distinguish private contractors from forces like the French Foreign Legion, which are formally incorporated into the national armed forces in a way that private contractors never are, no matter how long-term their contract.174 While the International Committee of the Red Cross (ICRC) Commentary on Protocol I (the “ICRC Commentary”) indicates that the term “specially recruited” was meant to exempt forces such as the Foreign Legion, it is not clear whether the key characteristic was the long-term nature of the French Foreign Legion, or the fact that Legionnaires essentially become members of the national army, thus eliminating the concern that mercenaries (and private contractors) are not accountable in the same way as the national armed forces. Were a state to formally incorporate its private contractors into its armed forces, the majority of the concerns discussed in Part III could be dismissed and there would be very little argument that such forces were anything like rogue mercenaries. As it stands, however, while PMC contracts may be long lasting, they certainly do not involve formal incorporation into the armed forces. As a result, private contractors are likely to qualify as “specially recruited.”

Geneva Conventions – A2: Corporate Exemption

PMC’s are not exempt because of corporate status – they still have the ability to under undermine democracies and usurp government function.
SALZMAN 9 (“PRIVATE MILITARY CONTRACTORS AND THE TAINT OF A MERCENARY” REPUTATION ZOE New York University School of Law INTERNATIONAL LAW AND POLITICS [Vol. 40:853 May 14, http://law.nyu.edu/ecm_dlv4/groups/public/@nyu_law_website__journals__journal_of_international_law_and_politics/documents/documents/ecm_pro_058877.pdf)KM

My examination of the existing law on mercenaries suggests, however, that it is possible to hold at least some private contractors accountable as individuals under the existing laws. The fact that they are employees of a corporation in no way affects the applicability of the mercenary laws, as there is no indication that the concerns underlying the mercenary laws would have been allayed had mercenaries been corporate em- ployees. Rather, as I argued in Section B of this Part, the concerns underlying the development of international law on mercenaries largely parallel the concerns that I expressed with regard to private contractors in Part III: namely, that mercenaries are generally perceived to threaten states’ monopoly on the use of force, to prioritize their desire for private profit over the public’s desire for security, and to undermine democratic government. There is no suggestion anywhere in the law that if mercenaries were to incorporate, these concerns would be in any way diminished.224 It is interesting to note, moreover, that much like PMCs and private contractors today, mercenaries were (and still are) most likely to be involved in conflicts where “vital economic interests are at stake, usually mining and oil interests.”225 While it is clear, therefore, that there are obvious structural differences in terms of how mercenaries and private contractors package their services, it does not follow that the services offered are substantively different. There is no indication that the mere “corporatization of military service provision”226 renders the privatization of force any less problematic. As suggested in Part III, the concerns about private contractors remain despite the fact that they are corporate employees.

Credibility Adv. – 1AC – Uniqueness

US of PMC’s is devastating our international image

Nényei 9 (Judit, http://www.grotius.hu/doc/pub/MYBSTD/2009_123_nenyei_judit_grotius_e-konyvtar.pdf, AD: 6/24/10) jl

It seems obvious that the image formed about mercenaries has been far from positive - and not at all ‟honorable‟, as Lt. Col. Tim Spicer, founder of Sandline International puts it17 - ever since they appeared on the scene. Their bad reputation did not diminish in the ‟60s and ‟70s either – they were participants in (and often promoters of) coup d‟etats, human rights abuses, they fought against UN forces in Congo (ONUC, 1960-64), etc. Although present-day PMSCs are trying hard to prove their difference from their predecessors, public perception is still influenced by the former picture (and, deliberately, by the media). The UN Special Rapporteur on mercenaries has held PMSCs responsible for several criminal activities such as trafficking arms, drugs, and in humans and organs, extortion, kidnapping and links with terrorists. (Ballesteros [2001]). Crimes and abuses committed by private contractors will be discussed in detail later in Section 1.5.