Topic: Status of Defense Contractors and Non-National Combatants
Country: Costa Rica
Delegate Name: Derek Watson
School: Forest Hills Northern High School
Topic page: background guide and all position papers All Costa Rica position papers GLIMUN 2008 committees
The legal issue of defense contractors and non national combatants used in wars or conflicts around the world has recently drawn a lot of concern from many different countries. There do not seem to be laws in place that really deal with the problem of these private companies and the crimes that they commit in other countries, and that does need to change. There is also no law distinguishing between their use, other than the Geneva Convention, which states that their use is not allowed, even though they still are able to be utilized around the world.
This issue does not affect Costa Rica very much, especially considering the fact that Costa Rica has not been in any conflict since declaring its independence from Spain in 1821. The issue also does not affect Costa Rica because Costa Rica currently does not have a military. The only way that this issue could affect Costa Rica is if Costa Rica decided to use these defense contractors in a time of military need, instead of forming its own army.
The other issue at hand is what to do with these non national combatants if they are caught during a conflict, or commit crimes in other countries that do not pertain to the conflict that they are in. Should the rules of war fully apply to them, or are they exempt because they are not truly from any country.
Costa Rica believes that if a private company decides to help a certain country and enter into a conflict, then the host country should be completely responsible for the combatants, including all crimes that they commit, and anything that should happen to the combatants. The non nationals should also be treated completely as a soldier and nothing else, as that is what they are being used for, and choosing to be. Costa Rica believes that there does need to be strict rules set in place defining when these non national combatants may be used as well, on top of laws regarding how they should be tried for any crimes that they commit during a conflict.
