A Bloody Business

by Gerry Schumacher

  To deter undisciplined incidents and assist the military development of standards for contractors, reputable firms have worked hard at self-regulation. A group of contractors now subscribes to the code of conduct established by the International Peace Operations Association (IPOA). This code requires that private military contractors and their employees conduct themselves in accordance with key international and human-rights laws governing conduct while involved in peace or stability operations. It also requires complete openness with the International Red Cross. The document holds PMCs accountable in conflict and post-conflict environments, and the signatories are required to fully cooperate with all investigations conducted by relevant authorities. While the consequence of failure to follow the code is merely dismissal from the organization, it is, nevertheless, a positive step in the right direction. Membership is, at a minimum, a criterion the U.S. government might apply in the selection of PMCs.

  The flip side of this problem is that the rules of engagement are designed around the application of conventional military units on the battlefield. In Iraq, these rules are established by the Coalition Forces Land Component Command (CFLCC) and do not seem to have considered that every civilian contractor is a potential enemy target. Although security contractors are becoming better armed and equipped every day, few of them possess the weapons and combat support of units normally associated with military operations. This lack of needed equipment makes them more vulnerable to an effective attack than their counterparts in uniform.

  PMCs may or may not have Kevlar helmets, individual body armor, bulletproof glass, armored cars, medical evacuation helicopters, attack aircraft circling overhead, trained medics, and a quick reaction force that can bail them out of trouble. If a security contractor thinks he may be fired upon with small-arms fire, there can be no delay in his reaction time. Riding in standard SUVs or trucks without armored plating, contractors are very exposed. And they know it! They compensate by asserting a level of aggressiveness that they hope will ward off would-be attackers. The challenge is to keep their aggression within the bounds of the rules of engagement. This is a fine line to walk.

  One might rationally argue that the equipment issue is their problem, and so it is. To outfit a PMC like an army unit is going to cost a lot of money, and that translates into bigger and bigger contracts and all the attendant issues. We return to the problem of low bidders entering the conflict unprepared to do the job. You get what you pay for. In fact, more and more third world countries are jumping into security contracting. They drive roads guarding convoys with equipment that suggests that they surely believe their employees are highly expendable. The problem is that not only do the foreign contractors get killed but every person in the convoy is in grave danger when ostensibly protected by such poorly trained and poorly prepared security companies. Another illustrative example was the sight of a personal bodyguard contractor walking around with his client in the insurgent-infested city of Fallujah, with nothing more than a .38-caliber revolver in his pocket—no body armor, no extra ammunition, no radio, no backup. One would have thought he was guarding an ice cream stand at Disneyland.

  Critics of armed civilians on the battlefield also point out that carrying weapons voids any protections afforded noncombatants by the Geneva Convention. As a theoretical matter, they are correct, and many countries are in various stages of proposing new guidelines concerning protection and conduct of civilian contractors. However, as a practical matter, the United States is fighting enemies that have no respect whatsoever for the protections of the Geneva Convention. Any number of unarmed civilians have been tortured and executed by insurgents in Iraq. As a protection for U.S. civilians working in the war zone, the shield of the Geneva Convention is useless.

  In spite of the fact that terrorists disregard every moral convention of war and international law, some would suggest that we follow them to the letter. As to the portion of the Geneva Accords regarding being armed, no sane person travels through Iraq without a weapon or an abundance of security guards. This does not translate into combatants looking to do battle with the enemy. Carrying a weapon or being surrounded by people who do, does not make a journalist, a mail carrier, a trucker, or a personal bodyguard, fair game to be executed if captured.

  Accountability

  After counting U.S. forces, civilian contractors represent the next largest contributor of personnel to coalition forces in Iraq. The expanded use of contractors on the battlefield has moral, ethical, political, and economic implications. To many, it’s all negative and spells disaster in the making. They perceive the expansion of war-zone contractors as the abdication of military power from the state to the private sector. As PMCs get better and better organized and equipped, who will control them in the international market? Who is going to disarm them and when? Are they legitimate businesses performing vital services to many countries? Their employee makeup is becoming multicultural. Where are their loyalties? Does their loyalty rest with whoever is their client, be it a nation, religion, tribe, or ethnic group?

  Clearly, the potential for PMCs to ignore national interest and pursue business interest is very real. It’s almost unfortunate that war-zone contractors are so good at what they do. This burgeoning business enterprise has provided military expertise that allows governments and private parties to launch military operations without the full support of their population. Because contract operations do not get the visibility that military operations do, the true cost, in terms of lives and impact on U.S. foreign policy, is disguised. As a concerned public, we need to be far more aware and informed about where, when, and how the United States employs these firms.

  PMCs offer a big advantage in terms of efficiency. They can tailor personnel resources for nearly any given job, almost on the spur of the moment. They can bring skill sets and institutional knowledge to numerous foreign policy challenges. If the loyalties, conduct, ethics, and armament of PMCs can be controlled, their use is a very practical solution to many military and humanitarian contingencies.

  As to the future application of PMCs, consider an argument advanced by David Gwydion, a U.S. historian at a London University: “Muslims in North Sudan are butchering non-Muslims in the South and West. In the aftermath of the Iraq debacle, we cannot expect that any western state will intervene militarily to put an end to this particular chapter of human misery. Nor can we count on any non-military multilateralism to be of much help. Sanctions anyone? Soft power?” He continues: “Why don’t liberal humanitarian interventionists simply club together, raise the cash, and send a bunch of PMCs over to Darfur to protect women and children from the Janjaweed currently butchering them? . . . [F]uture PMCs will probably be our only option for projecting power abroad for humanitarian purposes.”

  Most PMCs are not mercenaries. They are a new breed of military trainers, technicians, advisors, drivers, consultants, medical, and security personnel. The negative connotations of the past must be abandoned and replaced with a more intellectual analysis of the best methods to control and utilize this resource. The only alternative would be to double the size of the military, and that is neither desirable nor necessary. We need to adjust to, and get comfortable with, the expansion of private military contractors, which will continue to thrive as an extension of the U.S. Department of Defense and a major player in modern warfare.

  Chapter 3

  Becoming a Contractor

  “Take a close look at these images,” the contracting firm recruiter directs his group of job applicants. He flips through a series of slides depicting gunshot wounds, dead bodies, and blown-up buildings. “These little prefab buildings will be your new home. Of course, we’ve repaired the buildings since these pictures were taken, but you never know when they’ll be attacked again.” The recruiter flips the slides to an image of the burning hulk of a tractor trailer. “Here is one of our trucks that was hit just last week. The driver lost a limb and his eyesight, but he’ll live.” Perhaps it’s a macho thing, but aside from the o
ccasional grimace and one individual’s sprint to the bathroom, most applicants showed little indication of being deterred by the barrage of grisly images flashing before their eyes.

  This kind of screening is standard for most reputable contracting firms. It costs a lot less to weed out people before they deploy than it does to bring them back home later. Nearly all defense contracting firms have an orientation and training program to prepare their new hires prior to leaving the States. Inevitably, nearly all the orientations begin with visual projections of the true face of war. Experienced contractors who have recently served in the war zone tell it like it is to the new recruits. In the earlier days of the war, firms were somewhat timid about exposing job applicants to the horrors of combat. Today, for the most part, it’s a no-holds-barred presentation. Also surprising, only about 20 percent back out.

  Frequently Asked Questions

  Prospective war zone contractors often ask the same questions: How do I get hired? How long is the term of a contract? What are training and preparation like? Will I be covered by life insurance? Who takes care of me if I am injured or wounded? Will I receive long-term medical care for a serious injury? What if I can’t work? Can I carry a gun? If yes, can I bring one with me? How do contractors get weapons? How long is a typical contract? What if I need to break my contract? How frequently can I leave the country for a visit with my family? Do I have to pay my own travel costs if I go home for a family visit? Can my PMC cancel my contract without notice? Will I have a computer and Internet access? Will I have a phone? Are my telephone calls paid for? Where do I eat? Where do I sleep? What clothing should I bring? Will I be given body armor and a helmet? What happens if I die?

  Some of these questions can be answered definitively, but most of them have no standard answer. I hope the reader will accept a few generalizations and examples of how some major contracting firms have addressed these questions and how they have attempted to resolve these problems.

  Unfortunately, very few of these issues are covered by any laws or regulations. Benefits packages and the cost to an individual contractor will vary from company to company. Applicants for contractor jobs should, at a minimum, know the range of possibilities and common practices.

  Getting the Job

  The best way to land a war-zone contracting job is to network, to “know a guy who knows a guy.” Contractors who have served in a war zone are eminently qualified to determine the type of person who will function and survive in a war zone. Often they can read the right personality in a heartbeat. The volume of people pestering for endorsements for each opening can inundate the well-connected individual. It is not uncommon for casual contacts to ask veteran contractors for personal endorsements, pleading “Hey man, get me a job over there.” Rather than tell most of them the hard truth—that they don’t have the right stuff—many vets keep their war-zone experience a closely guarded secret.

  Most contractor veterans won’t refer riffraff to the war zone. They know what kind of team effort surviving requires and they feel an obligation to those who are over there. For these reasons, recruiters are very responsive to applicants who come along with a personal referral, either verbal or written, attached to the inquiry. Inexperienced applicants should not pressure a veteran for a referral. If he or she does refer you, consider yourself one of the very fortunate.

  In the back of this book is a listing of security contracting firms. All of them have websites, most of which have a recruiter contact link. If you have a relevant background, summarize your experience and attach a résumé or complete the online application form—mail it at the same time for extra insurance. A week or so later, follow up with a phone call. Leave a message that refers to your having sent an application by e-mail and/or regular mail. This gives the recruiter an opportunity to find it before he or she returns your call. If you just call and you’re lucky enough to get a live human being on the phone, at least have a summary of your experience in front of you during the conversation. Expect that you will be asked to mail or fax that summary to the recruiter.

  Compensation and Length of Contract

  Compensation is the most challenging topic to draw any generalizations about. Not only is it different for each contracting firm, but as personnel resources become harder to acquire, companies are changing their pay rates to attract qualified candidates. Many war-zone compensation packages have some version of three major components: a base salary, an area bonus (called a work area differential), and hazard pay. The work area differential pay takes into account the hardships associated with living in a particular foreign country, and the hazard pay can best be defined as the additional money you get for being shot at!

  The area differential and hazard pay are a percentage calculated on your base pay. Base pay is usually somewhere between $2,000 and $6,000 a month, with both area and hazard pay being 25 percent each. For hospitalized, missing, or captured contractors, their pay will normally continue at whatever their average pay had been in the preceding months while they were on contract. As you might have guessed, in addition to base pay, both area and hazard pay will continue during medical recovery, captivity, or detention.

  In addition to the three types of compensation previously discussed, some contracting firms offer what is called a foreign service bonus. This is generally a percentage of base pay only and may be paid monthly, quarterly, or annually, depending on the specific contract. At least one major contractor computes this bonus as 5 percent of base and pays it on a monthly basis.

  Most contracts are written for twelve-month periods and can be terminated at any time by either party. However, if you terminate early, your ride home may be charged to your final paycheck.

  Medical and Life Insurance

  All U.S. contractors and subcontractors working in a war zone are required to cover their employees with a form of workers compensation insurance known as the Defense Base Act (DBA) insurance. U.S. firms are required to show proof that they have acquired this insurance before they can be awarded a contract. DBA covers medical treatment and lost wages as a result of injuries incurred on the job. The cost of DBA is risk proportionate to the location and job being performed. As you can imagine, security contractors in Iraq are at the high end of the cost spectrum.

  Many war zone contractors receive extended insurance under the War Hazards Compensation Act (WHCA). If a contractor is injured, killed, or captured as result of war-related risk, WHCA reimburses the insurance carrier for claims made by the contractor or his family. The claims do not have to be job related. Just the fact that the contractor was on contract in a declared or undeclared conflict is sufficient. An organization called the Employees Compensation Fund is responsible for war-hazard compensation. The fund, like so many other aspects of the war in the Middle East, could not have anticipated the volume of claims emerging from the Iraq conflict. This is a federally funded program that receives about $2 billion a year. How Congress will address the issue of dwindling resources remains to be seen.

  Expect to pay around $200 to $300 a month for medical and life insurance premiums. That’ll buy you a million dollar health insurance policy with about a maximum of $2,000 out-of-pocket expenses. The attached life insurance will probably contain a $25,000 or $50,000 death benefit. In country, U.S. military bases have medical facilities that will take care of you for routine medical problems such as colds, flu, insect bites, sprained ankles, dysentery, infections, broken bones, shrapnel, and minor gunshot wounds. Yes, many shrapnel and gunshot wounds are minor problems in this environment. The workload managed by military medics and doctors is overwhelming. In the last couple of years, they have treated more than fifteen thousand military and civilian combat injuries and tens of thousands of routine ailments. They don’t appreciate whiners, so be prepared to suck it up, and don’t take up their time unless you absolutely have to.

  If your wounds or injuries are serious, you will be evacuated by military aircraft to a more advanced echelon of care at a military hospital, such as the
one at Ramstein Air Base in Germany. At some point, you may be sent back to the States. Often, you are simply patched up and sent back to finish your contract. Many wounded contractors do a lot of soul searching during their recovery and are not anxious to jump back on a plane to the war zone. Still others can’t wait to get back; this is a common phenomenon among many combat veterans. If your injuries require a return to the United States, your care will be transferred to a civilian facility, and your health insurance coverage will begin picking up the tab.

  Disability claims are not easily approved, and many civilian contractors have found themselves mired in years of complicated litigation attempting to secure war-related disability payments. Especially when it comes to mental problems such as post-traumatic stress disorder (PTSD), contractors will find the burden of proof to be very difficult.

  If you should die while in the war zone, the military will place a toe tag on you identifying your contracting firm (e.g., KBR, Blackwater, Vinnell, DynCorp, etc.). It is your contracting firm’s responsibility, not the military’s, to arrange to have your remains properly identified and shipped back to your family. Major contracting firms have personnel whose sole job is to help the family with final pay, insurance, and burial arrangements. Some do this better than others. The level of service will vary significantly from firm to firm.