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conditions of necessity and may be used only when lesser means cannot be reasonably
employed or have failed and the risk of death or serious bodily harm to innocent persons is
not increased by its use.102
72.
As for control over the use of force, United States regulations require an evaluation
of the necessity to arm personnel with consideration being given to the possible
consequences of accidental or indiscriminate use of those arms.103 Another regulation
provides that while Department of Defense civilian personnel engaged in security and law
and order activities shall be appropriately armed and have the inherent right to selfdefence,104 arming Department of Defense personnel with firearms shall be limited and
controlled and shall be limited to missions or threats and the immediate need to protect
Department of Defense assets or persons’ lives.105
73.
With regard to further preconditions for the use force, contractor personnel can be
armed for individual self-defence only on the basis of applicable United States, host nation
or international law, relevant status-of-forces agreements, international agreements or other
arrangements with local authorities and on a case-by-case basis106 and if weapons
familiarization, qualification and briefings regarding the rules for the use of force have been
provided.107 According to United States rules, each geographic combatant commander shall
develop a system of verifying that private security company personnel meet all the legal,
training and qualification requirements for authorization to carry a weapon.108 The
permission process is run by the appropriate Staff Judge Advocate on a case-by-case
basis.109
74.
Contractors designated to support a diplomatic or consular mission outside the
United States are also authorized to carry weapons and have to be adequately trained to
carry and use them,110 with full understanding of, and adherence to, the rules for the use of
force issued by the Combatant Commander or the Chief of Mission,111 in compliance with
applicable agency policies, agreements, rules and regulations and other applicable law.112 In
cases where all private security companies need to be armed, the relevant rules set out very
detailed procedures and documentation on individual training, covering weapons
familiarization and qualification; rules for the use of force; limits on the use of force,
including whether defence of others is consistent with host nation status-of-forces
agreements or local law; the distinction between the rules of engagement applicable to
military forces and the prescribed rules for the use of force that control the use of weapons
by civilians; and the Law of Armed Conflict.113
75.
In addition, personnel authorized to be armed shall be thoroughly briefed on their
individual responsibilities and shall receive mandatory training.114 Moreover, security, law
enforcement or other designated personnel who routinely engage in duties or activities are
required to attend a complete Department of Defense component-approved training every
102
103
104
105
106
107
108
109
110
111
112
113
114
Ibid., section (4) (b).
Ibid.
Ibid., section 4 (a).
Ibid., section 4 (b).
Department of Defense Instruction 3020.41, 4 (e) (2) (a).
Ibid., 4 (e) (2) (b).
Department of Defense Instruction 3020.50, enclosure 3, Part 1 (a) (2).
Ibid., enclosure 3, Part 1 (a) (3).
Federal Acquisition Regulation 52.225-19 (h) (3) (i).
Ibid., (h) (3) (i) (B).
Ibid., (h) (3) (i) (C).
Department of Defense Instruction 3020.50, enclosure 3, section 1 (a) (2) and (3) (d).
Ibid., enclosure 2, section 1 (b) (2).
17
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