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force and shoot indiscriminately resulting in civilian casualties.75 The Working Group
has also received information of cases where PMSC employees have used forbidden
arms or used experimental ammunition prohibited by international law.76 Often, they
circulate without identification and drive in unidentified sport utility vehicles (SUVs)
with tinted glasses and no plates, behaving similarly to the infamous death squads. In
Afghanistan and Iraq, the staff of PMSCs “is extremely difficult to identify”77. Local
populations do not have the means to file a complaint with the authorities or the
contracting State. In Iraq, for instance, the United States Army does not accept to
receive complaints for abuses which may have been committed by employees of
PMSCs. In a number of cases, these private security companies sacrifice the safety of
their employees to cut costs and obtain more profits;78
− Responsibilities of the States which outsource military functions. Indirect
implication of other States. States may contract these companies in attempts to avoid
direct legal responsibilities. Complaints which have been brought to the attention of
Governments appear to be redirected to the private company itself. It also leads to States
having its citizens involved in armed conflicts for which the Government has never
been consulted, but the behaviour of the companies or the nationals employed by them
may nonetheless damage the international image of the States concerned. As pointed out
by the Human Rights Committee, States have the responsibility to take appropriate
measures or exercise due diligence to prevent, punish, investigate and redress the harm
75
On 16 September 2007, according to UNAMI in the neighbourhood of Mansour in Baghdad,
security contractors protecting a US State Department convoy which was attacked opened fire on
civilians killing at least 11 persons, with security company helicopters firing into the streets
resulting in civilian casualties and injuries.
76
The information on the use of forbidden ammunitions was provided to the Working Group
by a former military who had been employed as “security guard” in Iraq by a PMSC. There are
reports of use of armour piercing-limited penetration (APLPs) ammunitions, which are
blended metal bullets which go through steel and anti-bulletproof vests and that instead of
passing through a human body they shatter creating untreatable wounds. Ibid, Scahill, p. 78.
In March 2007, the United States military barred the Crescent Security Company from bases
in Iraq after it was found with weapons prohibited for private security companies.
See: Steve Fainaru, “Cutting costs, Bending Rules, And a Trail to Broken Lives”,
The Washington Post, 29 July 2007.
77
78
Emamanuela-Chiara Gillard, supra (p. 535).
Such as the Fallujah incident of 2004 involving the deaths of four private guards working for
Blackwater or the ambushing and kidnapping of five Crescent Security Group private guards,
near Safwan on 16 November 2006. Steve Fainaru, “Cutting Costs, Bending Rules, And a Trail
to Broken Lives”, The Washington Post, 29 July 2007.
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