Topic: Status of Defense Contractors and Non-National Combatants
Country: Italy
Delegate Name: Greg Cline
School: Royal Oak High School
Topic page: background guide and all position papers All Italy position papers GLIMUN 2008 committees
Over the years unofficial combatants, both private security contractors and non-national combatants, have played an increasingly large role in the way conflicts play out. Often times these unofficial combatants simply exacerbate the fighting, rather than serve to end it faster. However, the status of these unofficial combatants, not protected by the Geneva Convention, allows some groups to violate their human rights by indefinitely holding them against their will. Italy applauds the recent statements made by U. S. President-elect Barack Obama, saying that the detention center at Guantanamo Bay will be closed.
Private security contractors cannot be allowed to commit any human rights violations with impunity, there must be an international standard for response to such acts committed by any unofficial combatants. In order to ensure that all unofficial combatants receive identical treatment there must either be an allowance for their trial in the International Criminal Court (ICC) or United Nations (UN) oversight for their trial in their own country. The reason for the latter stipulation is, that Italy wants to assurance that they will be tried for their crimes. If this committee chooses to allow the contractor’s trial in the ICC the committee must also decide how they will be charged, whether the committee feels that the crimes are grievous enough to be classified as war crimes, or whether there should be an allowance made for the ICC to try simple cases of murder in some instances.
Also we must decide whether to define these private defense contractors as mercenaries under the UN Mercenary Convention of 1989, because as spelled out by the convention the term mercenary could be applied to these contractors. In defining these contractors we must decide whether we want to allow people to hire these contractors. If not, they can easily be classified as mercenaries and done away with. However, Italy realizes that it may be moot to argue that these contractors should be completely eliminated as some countries are relying on them more and more.
The body must also take into account the “freedom fighters” often found on today’s battlefields. There should be no more special allowances made for them than there are allowances made for security contractors. Italy believes that international standards must be set pertaining to the punishment of any freedom fighters caught violating international law and especially any human rights.
Despite the fact that these freedom fighters may be acting outside of the bounds of international regulation, the committee must remember that they are human beings as well, and that their human rights must be upheld. Article 9 of the Universal Declaration of Human Rights prevents anyone from being arbitrarily held against their will and Italy once again applauds U.S. President-elect Obama for stating that he will close Guantanamo Bay upon taking office.
Italy is sure that as a committee we will be able to successfully and thoroughly define these often nebulous concepts. Italy is also in no doubt that a compromise can be reached amongst the desires of our respective states.
