Topic: Status of Defense Contractors and Non-National Combatants
Country: United States
Delegate Name: Matthew DeLapp
School: Forest Hills Central High School
Topic page: background guide and all position papers All United States position papers GLIMUN 2008 committees
The use of private military companies (PMCs) has risen in recent years, especially in conflicts such as Iraq, and Afghanistan. When employees of a PMC are captured, they generally lack formal status of what actions are acceptable under current international law. It is imperative that international law is adapted to not only recognize PMCs, but to also grant employees of the PMCs that have been captured to be granted full prisoner of war status, and given the rights that they deserve.
It is critical that PMCs do not become confused with terrorists and unlawful enemy combatants. To the United States, a person that is a “lawful enemy combatant” is a member of the regular forces of a State party engaged in hostilities against the United States; a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States. A terrorist is not a lawful combatant, and will be treated as an unlawful combatant. An “unlawful combatant” is a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al-Qaida, or associated forces). Unlawful combatants, while we should protect their basic human rights, cannot be granted rights of the Geneva conventions because they are not military affiliates of any state.
Terrorism not only represents an enormous threat to the United States, but to all countries around the world. It is important that we work together to incorporate these points in international law and allow terrorists to be given the status that they deserve: an unlawful enemy combatant. We must define what an unlawful enemy combatant is, and what a lawful enemy combatant is, and how each of them will be granted rights according the international humanitarian law.
