How to Get Away with Murder: The Governance of Private Military and Security Companies in the Global War on Terror

This thesis investigates the effectiveness of United States (U.S.) and international regulations that seek to constrain Private Military and Security Companies (PMSCs) in their operations during the Global War on Terror. This investigation is conducted through a case study analysis of the Nisour Square Massacre (NSM) committed by contractor personnel of the American PMSC “Blackwater”. Through the examination of the three criteria of (1) legal accountability, (2) law enforcement, and (3) conviction, this thesis contends that the regulatory framework proves to be largely ineffective in adequately governing PMSCs. The statutory and ambiguous language of legislation has prevented the ascription of legal accountability for the NSM to the private contractors. Additionally, effective regulation has been impeded by a cumbersome and lengthy jurisdictional process. It is argued that the final verdict has been incommensurate to the crimes committed at Nisour Square and been further exacerbated...Show moreThis thesis investigates the effectiveness of United States (U.S.) and international regulations that seek to constrain Private Military and Security Companies (PMSCs) in their operations during the Global War on Terror. This investigation is conducted through a case study analysis of the Nisour Square Massacre (NSM) committed by contractor personnel of the American PMSC “Blackwater”. Through the examination of the three criteria of (1) legal accountability, (2) law enforcement, and (3) conviction, this thesis contends that the regulatory framework proves to be largely ineffective in adequately governing PMSCs. The statutory and ambiguous language of legislation has prevented the ascription of legal accountability for the NSM to the private contractors. Additionally, effective regulation has been impeded by a cumbersome and lengthy jurisdictional process. It is argued that the final verdict has been incommensurate to the crimes committed at Nisour Square and been further exacerbated by the pardoning of the Blackwater guards by former U.S. President Donald J. Trump. Moreover, it is evidenced that the U.S. has circumvented international regulations and failed to comply with its obligations under international law. Overall, this thesis maintains that the ineffective regulation of PMSCs through U.S. and international law has evoked both a jurisdictional and enforcement gap, thereby deterring the process of effectively holding the Blackwater personnel accountable for the NSM.Show less

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How to Get Away with Murder: The Governance of Private Military and Security Companies in the Global War on Terror