Transcript Regulation in Iraq - Christopher Mayer

PSC Regulation in Iraq
an address to the Swiss Initiative,
Montreux, Switzerland
November 2006
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This presentation was prepared for the Swiss Initiative, a cooperative effort
between the Swiss Government and the ICRC that led to the publication of
the Montreux Document
This was prepared with the assistance of the Private Security Company
Association of Iraq and at the request of the Iraqi Government. The Iraqi
Ministry of the Interior reviewed and approved of the content and endorsed
it at the meeting in Montreux
Regulation in Iraq
Christopher T. Mayer
Colonel, United States Army
The Operational Environment
• PSC/PMCs typically operate in environments where Rule of Law is
compromised
– “Host Nation” governments my not have effective legislation, police,
judicial, or penitentiary capability
– Applies to oversight of the legitimate use of force as well as to criminal
activity and other unlawful violence
• Challenge is to use PSCs in a way that supports, rather than
undermines legitimacy of the government and rule of law
– Demands realistic application of host nation government authority
War or
Disaster
Intervention
Humanitarian Relief
Stabilization
Recovery
“Reconstruction Under Fire”
Regulation Under Occupation
• CPA Order 3
– Authorized weapons for PSCs
• Prohibited grenades, rockets, crew served weapons and
other weapons unsuitable for the protective role of PSCs
• CPA Order 17
– Effect of Status of Forces Agreement (SOFA)
– Subjects contractors to law of sending state, vice
local law
• Immunity can be waived
– PSCs bound by CPA Memo 17
CPA Memorandum 17
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Registration with MoI and MoT
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Rules for the Use of Force and Code of Conduct
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Prohibitions on combat and law enforcement
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Vetting standards
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Minimum weapons training standards
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$25,000USD Bond
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Public liability insurance
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Weapons licensing and accountability
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Enables MOI to issue administrative instructions that supplement the
Memorandum
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Audits by MoI
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PSC officers and employees liable under Iraqi criminal and civil codes, as
well as those of sending state
Current Legal Status
• CPA Memorandum 17
• CPA Order 17
• DODI 3020.41 and DSS policy
• Existing Iraq Civil Law
• Commercial law
The Road to Legislation
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Pre-Referendum period: Numerous administrative rules issued and
rescinded by MoI. Few registrations issued. Some Iraqi companies had
registrations revoked. Near continuous coordination with US DoS and
foreign PSCs thru the PSCAI
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08 March 2006: MOI Opens PSC Registration with general letter to PSCs
and a requirements list of 13 items taken directly from CPA Memo 17
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03 September 2006: Minister of Interior holds high-level meeting with all
MOI Deputy Ministers, senior advisors, and PSCAI. Discuss possibilities for
future of PSC Registration, Draft Law, Weapons Cards, Visas, accountability
of PSCs as well as accountability of MOI officials.
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16 September 2006: PSC Conference at Adnan Palace held by MOI and
PSCAI. PSCs are offered ability to pose questions. Draft law is discussed.
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30 October 2006: Forum on PSC Draft Law – MOI attends as panelists and
discusses Draft PSC Law in detail and relevance to PSC Registration
Process.
MOI PSC Registration
• Deputy Minister of Information & Investigations (Formerly
known as DM-Intelligence) says PSC Registration
should be:
– Open
– Transparent
– Quicker
– Efficient
– Effective
Key Elements of Proposed Legislation
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Clear intent is to separate legitimate PSCs from militias
Builds on CPA Memo and Order 17
Adds provisions requiring:
– Weapons issues
• Combines provisions from CPA Order 3 and Memo 17
– Provisions for regulating:
• Uniforms and vehicle markings
• Number and types of weapons and ammunition
– Specifies weapons storage requirements (arms room)
– Additional administrative and record keeping requirements
– Increases bond to $50,000USD
– 3,000,000 Iraqi Dinar (ca. $2,000USD) bond per employee
Specifies right of PSC employees to use deadly force in line of duty
Specifies penalties for company officers and employees for beach of law
Concerns with Current Draft
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Poorly written
– Law is often unclear, contradictory with other legislation, and terms are
poorly defined
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Current draft focuses on “processes and records” rather than purpose and
legitimate scope of PSCs
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Draft law only allows Iraqi companies to register
– Language discriminatory against foreign PSCs
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Seeks to limit the number of personnel in a company
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Arbitrary age limits for employees
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No requirement for training on the Rules for the Use of Force (RUF)
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Lack of a probationary period
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Needs to more clearly articulate openness, transparency, and accountability
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Needs to incorporate phased implementation
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Concerns regarding “due process”
– Draft law makes MoI prosecutor, judge, and jury
The Road to Implementation
• Law is still very much in Draft stages
– There has not yet been a review by MoJ
– MOI Legal estimates at least a year until implementation
• Coordination continues between MoI, US Embassy, MNF-I
(MNSTC-I) and PSCAI
– Includes open fora, such as the 30 Oct meeting
• For time being, CPA Memoranda and Orders, with MoI
administrative regulation provide adequate oversight
– Provides time to produce good legislation
– Replacement law important to Government legitimacy
Closing Thoughts
• PSC/PMCs typically operate in an environment where Rule of Law
has been compromised
• Armed contractors must operate in a manner that promotes Rule of
Law
• Armed contractors must operate in a manner that promotes the
legitimacy of the civil government
• Current Iraqi draft legislation builds on previous regulation
• PMC/PSCs are actively engaged with the development of legislation