Topic: Status of Defense Contractors and Non-National Combatants
Country: Kazakhstan
Delegate Name: Brandon McCutchen
School: Royal Oak High School
Topic page: background guide and all position papers All Kazakhstan position papers GLIMUN 2008 committees
War is an act that naturally evolves with the technological advancements of developed nations. The current “rules of law” or status quo may not be applicable as result of these advances. The status of defense contractors and non-national combatants used in war by powerful nations has been among the “rules of law” in question. We as the Kazakh government believe that to eradicate the gray area that divides legal defense contractors from illegal defense contractors, and replace it with a clear division between the two requires three specific topics to be addressed. First, the definitions of legal combatants/contractors and mercenaries must be revisited in order to assure they coincide with the 21st century forms of war. Secondly, the steps to achieve legal combatant status must clearly be defined. Lastly, the disciplinary precautions that need to be taken when a nation employs illegal combatants/contractors must be addressed. With these topics clearly and individually addressed to meet the needs of today’s world, the nations of the UN can be sure they are legally participating in war.
The Geneva Conventions of 1949 defines a mercenary as an “unlawful combatant,” (Article 4). However, the ambiguity of this definition allows private military companies, or PMC’s, who would otherwise be seen as mercenaries to classify themselves as supply contractors. Supply contractors are “individuals authorized to enter conflict zones alongside government forces,” (SOMA 1). As a supply contractor, prisoner of war status is granted if captured during combat. Mercenaries, however, receive no status if captured which is why it is advantageous to have legal status in war.
Unlawful combatants declare no national allegiance which is what makes them unlawful. PMC’s must relinquish their right to declare themselves as non-nation combatant supply contractors. The Kazakh government proposes that the United Nations (UN) develop a policy that states when a PMC is hired they declare national allegiance to the country it is hired by. This allegiance would last for the duration of the PMC’s hire. This policy will make a clear line between legal defense contractors and mercenaries; the path to becoming a lawful combatant is much simpler for PMC’s and more feasible to the nations at war.
Even with a simpler process to achieve legal combatant status, mercenaries are still not unavoidable. A plan to encourage PMC’s to engage in legal combat, and encourage nations to hire PMC’s legally must be devised. A possible solution is imposing a clear fine that incrementally raises based on the length of illegal activity. This fine would be issued by the UN to the PMC and nation of hire that are illegal engaged in combat.
Kazakhstan, being a relatively new nation of sovereignty, believes in new policies that still hold up traditions. The UN being a vital force in international law is a tradition these policies build upon. These policies are also new and fitting to the current time period. With these illegalities of war clearly defined, Kazakhstan speculates a massive growth in international understanding that will ultimately diminish international warfare.
