Private Military Services in the UK and Germany: Between Partnership and Regulation1

Abstract

Controversial cases such as the aborted coup in Equatorial Guinea and the employment of private contractors in the Abu Ghraib prison have brought the proliferation of private ‘mercenaries’ to worldwide attention. However, the privatization of military security is more diverse and complex than generally suggested. Specifically, one needs to distinguish between the use of private mercenaries in developing countries and the privatization of military services in Europe. Focussing on the latter, this article proposes that the privatization of military services in industrialized countries can be understood in terms of a shift from ‘government’ to ‘governance’. As a consequence, the emergence of a private military industry in Europe is not only characterized by distinct forms of governance failure; European governments have also developed new modes of governance to control the industry. Using the United Kingdom and Germany as examples, this article examines two modes in particular: public private partnerships and governmental regulation.     

(Self) Regulating War?: Voluntary Regulation and the Private Security Industry

Private security companies' growing participation in U.S. and international military missions has raised concern about whether the private security industry is subject to sufficient controls. Industry self-regulation is often proposed as part of a multilayered framework of regulations to govern PSCs. But what can self-regulation contribute to regulation of the private security industry? This matters because privatization in the security realm has moved beyond understandings of the proper breakdown of public and private functions concerning the use of force. This article assesses what self-regulation can contribute to the control of this industry and whether the private security industry lends itself to effective self-regulation. It concludes that the private security industry does not exhibit the capacity to adopt and implement effective self-regulation on its own. If self-regulation is to complement state and international regulation, participation in the design and oversight of self-regulation must be broadened beyond private security companies alone.     

The impact of private security companies on Somalia's governance networks

The article discusses the use of private security contractors to support coastguard forces in the Somali substate entities of Puntland and Somaliland. Neither of these entities is sufficiently robust to raise and maintain an effective maritime security force without external assistance, hence they have had recourse to the private sector for training, logistical and operational support and high-level consultancy with respect to their coastguards. The article makes some general observations about the international private security industry and Somali politics in order to provide a context for the three case studies. The case studies, each of which covers the engagement of one security contractor in support of a coastguard, assess the roles played by the contractors, making particular reference to sustainability and influence on governance networks. The analysis establishes a matrix of security company typologies and potential roles and then uses this matrix to suggest which types of company might be best employed for which functions. The article has current pertinence, as two of the three case studies concern efforts by substate entities to hire private security to enhance anti-piracy capability.     

Security Governance and Networks: New Theoretical Perspectives in Transatlantic Security

The end of the Cold War has not only witnessed the rise of new transnational threats such as terrorism, crime, proliferation and civil war; it has also seen the growing role of non-state actors in the provision of security in Europe and North America. Two concepts in particular have been used to describe these transformations: security governance and networks. However, the differences and potential theoretical utility of these two concepts for the study of contemporary security have so far been under-examined. This article seeks to address this gap. It proposes that security governance can help to explain the transformation of Cold War security structures, whereas network analysis is particularly useful for understanding the relations and interactions between public and private actors in the making and implementation of national and international security policies.     

All for one and one in all: private military security companies as soldiers,business managers and humanitarians

With governments increasingly contracting private military and security companies (PMSCs) to perform military and police-related tasks, international relations scholars have made attempts to better understand PMSCs and to investigate the reasons for the boom of private security. Rather than focusing on the services these companies offer, which has been a common approach, we offer an identity-based explanation for their surge. We show that PMSCs eclectically assume identities related to the military, business managers and humanitarians, independent of the services they perform, their market segment or their location on the battlefield. This finding points to an important yet little-noted dimension in the private security industry. Although companies are heterogeneous, they also appear increasingly homogeneous because they incorporate a similar set of identities. On the one hand, this enables PMSCs to adapt to any context, client or employee, and, on the other hand, it has constitutive qualities, contributing to an important source of power for the respective companies. These multiple identities contribute to a norm of what a superior security provider should look like.     

Challenging international law: a dilemma of private security companies

Since the end of the Cold War, there has been a marked increase in the sale of military services by private security companies (PSCs).1 ?1. The term private security company is used throughout the article instead of private military companies or private military firms. View all notes These companies sell anything from combat support for government military operations to military training and assistance, logistical support and more conventional security protection services. They have undertaken operations in countries as diverse as Sierra Leone, Croatia, and Columbia and now Iraq and Afghanistan. The presence of these companies on the international stage raises fundamental questions about the way war is now being fought. Unfortunately, the legal issues raised by their presence in conflicts have not yet been properly addressed. This article sets out to examine the suitability of international law in defining and controlling the activities of PSCs on the battlefield. It then goes on to discuss the problems associated with national regulation. Here the focus is on the attempts by the United States (US), South Africa, and United Kingdom (UK) governments to introduce effective legislation to control the industry.     

Buyer Beware: How Market Structure Affects Contracting and Company Performance in the Private Military Industry

Private military and security companies are integral components of the defense and intelligence operations of some of the world's most powerful states. Despite the increasingly pivotal role of contractors, analysts have yet to develop theories explaining when governments should outsource national security responsibilities or what conditions cause private defense markets to function efficiently. This inquiry addresses this gap in the literature by demonstrating that varying market structures—that is, the quantity of firms providing similar services and the number and purchasing power of those buying these services—have significant effects on costs, oversight, and company performance in the private defense industry. A principal–agent framework is developed to explain variation in the performance of firms in different markets across the industry. Evaluation of three private defense markets yields the surprising conclusion that monopsony, rather than a competitive market, is the ideal structure for governments outsourcing aspects of national defense.     

The Privatization of Security: Lessons from Iraq

Images of private forces in Iraq—killed and mutilated in Fallujah, implicated in prisoner abuse at Abu Ghraib, and shooting up civilian vehicles—have provided a dramatic illustration of the role private security companies (pscs) now play in U.S. military operations. Though the United States’ use of contractors on the battlefield is not entirely new, the increased number of contractors deployed and the use of private security forces to perform an escalating number of tasks has created a new environment that poses important trade-offs for U.S. policy and military effectiveness and for U.S. relations with other states. This article outlines the history of U.S. contractors on the battlefield, compares that with the use of private security in Iraq, discusses the benefits and risks associated with their use, and proposes some trade-offs that decision-makers in the United States should consider while contemplating their use in the future.     

中国崛起与全球安全治理转型

中国崛起与全球安全治理转型是21世纪初国际关系领域两个备受瞩目的全球性现象。文章以全球安全治理体系中的安全制度安排和安全规范设定为主要分析路径,以全球政治安全治理和全球经济安全治理为主要分析单元。一方面,自二战结束以来全球安全治理体系可分为"单边全球主义"和"全球单边主义"两个阶段,并且每一阶段的全球安全治理体系均可分解为政治制度、经济制度、政治规范和经济规范四个领域;另一方面,运用比较研究法,对各个时期全球安全治理体系在上述四个领域所体现出来的差异性进行剖析,可以发现,这种差异性集中表现为正在进行中的全球安全治理体系转型,崛起的中国在此次转型过程中开始发挥参与者、建设者和贡献者的作用。在传统全球安全治理体系陷入危机之时,中国崛起在相关领域所带来的制度效应和规范效应正在逐渐潜移默化地嵌入到全球安全治理体系中,中国的政策和实践也将相应日益形成规范化的趋势。     

深海安全治理:问题缘起、国际合作与中国策略

深海区域是重要的全球公域,其丰富的资源储备和巨大的军事战略价值成为吸引世界各国深度参与深海开发的重要诱因。近年来,各国深海力量投送的不断加强,也在国际深海领域造成了如生态安全、军事安全、经济与资源安全以及人身安全等各种传统及非传统安全问题。国际深海安全问题的出现,会对深海开发的良性发展产生严重的影响。因此,重视和加强对国际深海安全问题的治理迫在眉睫。现阶段,国际社会在相关国际法和国际机制的基础上,已经初步形成了以国际海底管理局等国际组织和主权国家共同参与的总体治理架构。但是,现阶段的国际深海安全治理还存在着治理主体层次不够多元、军事等传统安全领域的治理相对乏力等亟须解决的问题。近年来,中国在和平利用国际深海资源方面,发展迅猛。进一步关注国际深海安全问题、有效参与国际深海安全治理,对于中国而言意义重大。在此背景下,中国可以在进一步有效感知深海安全问题、夯实参与国际深海安全治理的实力基础以及打造深海“人类命运共同体”等方面进一步着力。     

Security and informality in Libya: militarisation without military?

ABSTRACT

The article interrogates the analytical purchase of the concept of militarism in the case of Libya, and its relationship to securitisation. While Libya is often associated with widely securitised threats to the international order, its military institutions have been viewed with suspicion and ambivalence across different phases of Libyan history, making of Libya an uneasy fit for standard categorisations of militarism. This prompts the question of whether and under what circumstances militarism can occur without and even against the military. Drawing on a historical-sociological analysis, the article shifts the focus to micropolitical dynamics and extra-institutional agency with a view to unpacking the complex entanglement of formal and informal armed actors in Libya’s hybrid security governance. The concepts of informalisation of militarism and militarisation of informality are used as analytical lenses to reconstruct the partial, failed, contested and hijacked attempts to build ‘modern’ military institutions in Libya. I suggest that the repertoire of militarism is not so much an end in itself, but a resource mobilised by local and international actors in a contentious field of state-building practices.     

Wheeled Warriors: Explaining Variations in the Use of Violence by Private Security Companies in Iraq

This article engages one of the most widely discussed but poorly understood aspects of the Iraq War: the use of violence by private security companies. It explains why, despite sharing several important characteristics—coming from the same general population of military and police veterans, working for the same client during the same time period, performing the same tasks under the same client-imposed rules of engagement, and facing the same kinds of threats in the same general operating environment—the personnel who worked for Blackwater, the chief protector of US State Department employees in Iraq, killed and seriously injured far more people than their counterparts in DynCorp. The article argues that Blackwater's personnel killed and seriously injured far more people in Iraq than their DynCorp counterparts because Blackwater maintained a relatively bellicose military culture that placed strong emphasis on norms encouraging its security teams to exercise personal initiative, proactive use of force, and an exclusive approach to security, which together motivated its personnel to use violence quite freely against anyone suspected of posing a threat. If the trends established during the Iraq and Afghan Wars continue, then private security companies will see extensive employment in future conflicts. These findings, consequently, have implications that extend beyond the Iraq War and the particular firms under study. Indeed, they indicate that governments and other future clients should analyze the military cultures of the firms vying for their business and use the results as a basis for deciding which firms to hire and, to a great extent, represent them in unstable conflict zones.     

Gunning for security governance in a resource-rich African state? Interrogating militarisation in a democratic Nigeria

ABSTRACT

This article examines the socio-historical factors that underpin the political sociology of militarism in Nigeria. In spite of subscribing to a democratic constitution and several regional mechanisms that advance democratic values, security governance in Nigeria has been marked by the increasing use of military force in responding to perceived threats posed by armed militias in the oil-rich Niger Delta. I argue that the securitisation of oil is fuels militarisation, facilitated by local, national and international actors. The turn to democratisation and changing conceptions of security have reinforced rather than reined in militarism, which results in a competitive and often violent politics between national, local and global security and military actors over access to and control of oil resources. These dynamics also result in dangerous socio-economic and political consequences for Niger Delta communities.     

Beyond the fallacy of coup-ism: conceptualizing civilian control of the military in emerging democracies

It is consensus in the democratization literature that civilian control of the military is a necessary ingredient for democracy and democratic consolidation. However, there is considerable disagreement on what civilian control of the military exactly entails and there is a lack of solid theoretical arguments for how weak or absent civilian control affects democratic governance. Furthermore, a considerable portion of the research literature is captured by the fallacy of coup-ism, ignoring the many other forms in which military officers can constrain the authority of democratically elected political leaders to make political decisions and get them implemented. This article addresses these lacunae by providing a new conceptual framework for the analysis of civil–military relations in emerging democracies. From democracy theory it derives a definition of civilian control as a certain distribution of decision-making power between civilian leaders and military officers. Based on this definition, the authors develop a five-dimensional concept of civilian control, discuss the effects of weakly institutionalized civilian control on the quality of democracy and address the chances for democratic consolidation.     

“I SEE DEAD PEOPLE”: AIR-RAID PHOBIA AND BRITAIN'S BEHAVIOR IN THE MUNICH CRISIS

Arguments about the importance of democracy for international behavior assume that states rely on military organizations rather than “hired guns.” With the growth of the private security market this assumption no longer holds true. Focusing on the United States, we use original data to compare the impacts of using private military/security forces and military forces on attributes identified as endemic to democracies: constitutionalism, transparency, and public consent. Our evidence indicates that forces raised via contract are harder to learn about and thus less transparent than military forces. Largely due to lowered transparency, Congress has a harder time exercising its constitutional role, which impedes constitutionalism. Finally, though the public is just as sensitive to the deaths of private forces as it is to military deaths, it is less likely to know about them. Thus the lack of transparency also circumvents meaningful public consent. We conclude with a consideration of the potential implications of these changes for U.S. foreign policy.     

金融全球化、全球金融治理改革与国际金融安全*——基于信息科技革命的视角JP〗*

从本质上说,金融业是一种“信息密集性”或“信息敏感性”产业,对于金融全球化而言,信息技术进步具有特殊重要的意义。在信息科技革命引领和推动下,互联网与金融业相互融合,掀起了人类历史上第二次大规模的金融全球化浪潮。当代金融全球化迅猛发展对国际金融安全产生了重大而深远的影响,新一轮大规模金融全球化、国际金融体系的巨大变化以及由此而形成的新的国际金融格局与既有的全球金融治理框架之间的均衡逐渐被打破,既有的全球金融治理框架越来越难以适应信息科技革命条件下金融全球化发展和维护国际金融安全的要求。为更好地适应当代金融全球化条件下建立新的国际金融公共秩序,更好地维护国际金融安全的需要,以2008年全球金融危机爆发为契机,国际社会揭开了全球金融治理改革的大幕。在国际金融体系和全球金融治理框架处于大变动和寻求新均衡的背景下,中国应抓住有利时机,以更加积极、主动的姿态参与和推动全球金融治理改革,坚持命运共同体理念,遵循责任、权力相一致和平衡的原则,倡导在全球金融治理中加强互联网的运用,为维护国际金融安全做出更大贡献。     

Europe's global ambitions and the New Partnership for African Development (NEPAD): of what relevance is the Politique Africaine?

The New Partnership for African Development (NEPAD) agreed in 2001 between the G7 and African leaders is an ambitious initiative to resolve the problems of economic underdevelopment, political instability and armed conflict in Africa. Essentially, it rests on the promise of increased economic aid in exchange for African commitment to liberal political and economic governance. This article examines the implications of NEPAD for the EU's policies towards Africa. It argues that the EU's economic instruments are more suitable for tackling security problems in Africa than its evolving military capacity or global multilateral cooperation with African states through NEPAD structures. It is argued that extant structures of European-African relations can significantly impact on African governance processes and their security outcomes only if they can be graduated into ‘constitutive’ forms of economic intervention similar to processes of accession into the EU. Such a modification, based on variegated competitive partnerships, would be consistent with the French origins of European-African relations and maybe possible because of the links between French foreign policy and Europe's evolving global role.     

The Political Cost-Effectiveness of Private Vessel Protection: The Italian Case

Italy has traditionally been wary of private providers of security. Still, private military and security companies (PMSCs) have recently started to play an important role in protecting Italian merchant vessels, eventually replacing the military vessel protection detachment units (VPDs) provided by the Italian Navy. Drawing on neoclassical realism, the increasing involvement of PMSCs in protecting Italian merchant ships is presented as an attempt to reduce the political costs associated with the use of military personnel abroad, epitomised by the arrest of two Italian Navy fusiliers by Indian authorities in February 2012.     

Towards security governance as a critical tool: a conceptual outline

This article argues that security governance can and should be reframed as a critical tool that enables us to understand and reappraise concrete practices of security provision. Security governance needs to move beyond the functional mapping of different governing arrangements and the presumption that security governance leads to effective and legitimate problem-solving in a quasi-automatic manner. In this article, we propose a framework that identifies the essential characteristics of security governance and turns them into critical questions with the aim to reveal persisting frictions and dilemmas. First, we trace the rise of security governance as concept and practice over the past decade and identify its central characteristics with regard to prerequisites, structures and consequences. Second, we reframe the core characteristics of security governance into critical questions and thereby develop an understanding of security governance as a critical tool. Finally, we illustrate the relevance of this approach with examples from EU security governance.     

规则、关系与地区安全治理——以大湄公河次区域公共卫生协作治理为例

在地区安全治理研究中,规则或国际规则是主导话语和主导研究范式。然而,规则本身并不能自动构建治理实践和产生预期的治理效果。文章通过借鉴世界政治关系理论的最新研究成果,尝试建立“规则-关系”治理模型。其基本假设是,国际规则需经由地方关系过程激活和运化,才更有可能产生协作机制和务实政策,从而实现有效的地区安全治理。具象的地方关系过程由地区安全利益攸关方的互动关系构成,是各方参与协商的过程,同时也是给国际规则和治理实践赋能的过程。整体和抽象的地方关系过程就是治理实践本身,是所有治理要素联动应对安全威胁的过程,并以大湄公河次区域跨境传染病联防联控协作治理为案例对模型进行了验证。实践证明,关系过程活力越大,越能够激活和运化规则,就越有可能形成有效的地区安全治理,这项研究有望推动和深化地区安全治理的学理思考,并为公共卫生治理研究作出累积性知识贡献。