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...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
This thesis looked at Erik Prince and his fall from grace in the United States and his return several years later. The research question of this thesis is: How can the seemingly paradoxical...Show moreThis thesis looked at Erik Prince and his fall from grace in the United States and his return several years later. The research question of this thesis is: How can the seemingly paradoxical resurfacing of Erik Prince under the Trump administration be explained in relation to the position of the Private Security Sector in the United States? Initially when looking at the matter, it appears there is a paradox surrounding the resurfacing of Erik Prince. However, when examining the matter more closely it appears the paradox is, in fact, not present at all. This is due to the continuity of the development of the private security sector after Prince had left the United States. Although the public and politics openly turned away from private security, behind the scenes the business thrived. This can be seen at the factual use of private security by the United States in the wars in Iraq and Afghanistan after Prince fell from grace. Since Prince remained active in his business ventures and private security, even though he suggested otherwise, a return was waiting to happen. With a more favourable administration with Donald Trump as its president, a full return is not as unusual as initially thought. The like-minded president and the many connections Prince had in, or near, the White House provided plenty of opportunity to return to the United States. This thesis provides a background of the revival of the private security sector after the Cold War followed by a chapter on the life, business, benefits and the role of Erik Prince both inside and outside the USA. Thirdly, the development of the private security sector is analysed. This chapter focusses on the regulatory developments as well as the development of the sector under the two presidencies since the Nisour Square Massacre in 2007. This massacre is generally accepted as the event that initiated the fall of Erik Prince. Finally, the thesis looks at the question whether Prince was ever really gone from the United States and relates this back to the research question.Show less
This paper seeks to aid in the accountability process for private military and security companies by providing clarity as to whom these companies should be rendered accountable. The dissertation...Show moreThis paper seeks to aid in the accountability process for private military and security companies by providing clarity as to whom these companies should be rendered accountable. The dissertation makes use of an adapted version of Bovens’ Framework for Accountability, incorporating five different forms of accountability – political, legal, professional, social, and economic. Through the application of this framework onto two case studies of Wagner Group in Syria and Blackwater USA in Iraq, it is evident that the use of limited accountability through only one or two forms of accountability is insufficient. It was found that in order for PMSCs to be rendered accountable to an unbiased independent body as suggested by this author, all forms of accountability should be used simultaneously. This paper further examines reiterating the importance of the oft-neglected social accountability, and how the role of morality at the human and public opinion level can shape the way in which regulatory measures apply. Through these findings, this thesis recommends the implementation of a series of new legislative measures, which utilise a multi-pronged approach incorporating not only legal methods, but social, political, professional, and economic measuresShow less
