Topic: Status of Defense Contractors and Non-National Combatants
Country: Georgia
Delegate Name: Mike Perles
School: Forest Hills Central High School
Topic page: background guide and all position papers All Georgia position papers GLIMUN 2008 committees
The current issue on the status of non-national combatants and defense contractors throughout the world is obviously a growing concern. More countries are hiring non-national combatants and the line between legal and illegal forces is becoming indistinguishable. There are no concrete international laws concerning either non-national combatants or defense contractors and the conflicts between countries as a result of these combatants are escalating. Countries are pointing fingers at each other aimlessly but no one is seams to be attempting to solve the problem.
Georgia primarily would like to distinguish the difference between legal and illegal non-national combatants as the difference between the two is fading. Georgia realizes that in many circumstances, these forces are very necessary as an addition to countries’ original armed forces. Although the issue is not currently the largest problem in Georgia, it is a growing concern and defiantly could become a problem in the future. Another issue that must be tackled pertaining to this topic is the problem of non-national combatants and defense contractors that are captured during war. Georgia believes that if these forces are using weapons against an enemy, they should be treated as soldiers, and therefore if they are captured, they should be considered prisoners of war, not civilians. Georgia believes that an identification system should be set up which demands that the country that permits the combatant/ defense contractor to fight will verify that the armed force will not be engaging in illegal activities. Also, if one of the forces does break the law, a combatant’s identification card will be inspected and the country will be notified and be required to chastise the combatant accordingly.
Although most countries would like to see the number of illegal non-national combatants and defense contractors reduced, not all agree on everything. Georgia will support the United States in their efforts to reform the current problem of illegal forces being used worldwide. The United States would like the gray areas to be eliminated so that the legal forces can do what they were assigned to do. The United States has supported Georgia to a great extent in the past and Georgia is very grateful because of it. Georgia will endorse the Unites States on any stance they take on the issue and will support or oppose other countries according to what the U.S. believes.
This first convention that significantly focused on the topic of non-national combatants and prisoners of war was the third Geneva Convention in 1949. During this convention, the definition of an international combatant was made clear and topic of mercenaries verses prisoners of war was discussed. In 1989, the UN Mercenary Convention met and passed resolution 44/34, which meticulously defined a mercenary and claimed them as illegal, although Judge Advocate Todds S. Milliard argued that this resolution was only to apply to post colonial Africa and that the use of mercenaries by sovereign states was disregarded.
