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Darius11

Blackwater accused of child prostitution

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If they were hired to fight alongside the troops in offensive actions, I'll withdraw my argument.



Hiring to fight alongside the troops in offensive actions are not the criteria. Defensive versus offensive is not the criteria. One can engage in hostilities defensively or offensively during an armed conflict.

“In fact, engage in direct hostilities” during an “armed conflict” are the substantive criteria. Not my criteria.



And it is the interpretation of "engage in direct hostilities" that we're quibbling over.

I submit that BW was NOT, in fact, hired to 'engage in direct hostilities' - the fact that they DID put them in violation of their contract, as has been said several times in this thread and others about BW.



The criteria state “in fact, engage in direct hostilities.” There isn’t a restriction for inadvertent engagement versus overt contracting.



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... you might want to consider that they just MIGHT know what the fuck they're talking about, check your assumptions at the goddamn door and actually THINK about what they're saying.

I'm done.



I apologize if I've offended you. I've tried to stick to the argument and the issue.

Now you're changing it to play the player instead of playing the ball and insulting me (see quoted passage above). I have thought a lot about it -- see all the references and citations I've posted.



And accusing me of throwing out red herrings wasn't playing the player, Marg?



Not if they are, in fact, red herrings and not if that’s a comment on the argument and the issue, which is what it was.

And I apologized.



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I've explained the situation umpteen different times, trying to make it clear - in return, I've been told that the job they were hired to do is inconsequential and only their actions count.



Yes, that is part of the criteria – and yes, the actions count. There also had to be an armed conflict. (Altho' one might argue that's tautological.) Again, it’s not my criteria. It’s not my fault. And, as I’ve written repeatedly, there are other criteria like the national citizenry exception.



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I've been doing this contracting stuff just a day or two, and I know both gate guards and contractors hired to do PSD duty. I'm pretty familiar with what their contracts say in regards to the scope of their duties and what they're hired to do.



No one ever said you didn’t. (That’s a strawman.) It’s just not directly relevant to whether *some* (as I’ve repeatedly stated) of Blackwater and other PMSC’s actions in Iraq qualify as mercenary.

Again, why not address why there is the negative connotation, i.e., actions of some then-Blackwater employees, rather than argue against a term? I keep trying to push that forward.

/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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While the EO/Sierra Leone case was an example, as I understand, of a private company employing a foreign national private company to engage in armed conflict, it wasn't an international conflict.



It was a civil war and EO was contracted by the legitimate Sierra Leonean government. EO's company policy is to only work for legitimate governments.

Sierra Leone’s ability to pay Executive Outcomes
for services rendered—to the sum of $1.8 million per month—depended on Executive Outcomes forcing the RUF from diamond areas and implementing a $30 million mining contract with Branch Energy.


Also

The government owed $30 million to Executive
Outcomes and was additionally bogged down by a 10 percent reduction of GDP and a 35 percent rise in inflation.20 Although Executive Outcomes covered
part of its expenses in Sierra Leone with profits from its operations in Angola, the Sierra Leonean government lay in financial ruin, and Executive Outcomes left after nearly two years of operations.


http://www.worldpolicy.org/projects/arms/news/brown.pdf

And yes I realize the ammunition this link holds for your's and Darius' arguments. I am of the mind that truth is far more important than being right. B|

oh yeah and....footnotes! :D
www.FourWheelerHB.com

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Thanks for the additional information. As I wrote to you, the Executives Outcomes case in Sierra Leone is not something about which I know a lot.


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And yes I realize the ammunition this link holds for your's and Darius' arguments. I am of the mind that truth is far more important than being right. B|



Me too … but I’d hope that would be evident from the style and substance of what I write, as well as the times I’ve defended other posters and their challenging of my arguments, including Mike ... but that's more general than really addressed to you.

I’m not sure what you meant by “your’s and Darius’ arguments”?

If EO acted in the strategic interests of the state, in this case Sierra Leone, than that’s not counter to what I’ve written … but I need to print out the paper you attached, read it, and think about it. Thanks for the reference. :)
/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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If they were hired to fight alongside the troops in offensive actions, I'll withdraw my argument.



Hiring to fight alongside the troops in offensive actions are not the criteria. Defensive versus offensive is not the criteria. One can engage in hostilities defensively or offensively during an armed conflict.

“In fact, engage in direct hostilities” during an “armed conflict” are the substantive criteria. Not my criteria.



And it is the interpretation of "engage in direct hostilities" that we're quibbling over.

I submit that BW was NOT, in fact, hired to 'engage in direct hostilities' - the fact that they DID put them in violation of their contract, as has been said several times in this thread and others about BW.



The criteria state “in fact, engage in direct hostilities.” There isn’t a restriction for inadvertent engagement versus overt contracting.



Then we're back to actions, and not the job they were hired for - you can't have it both ways. Those gate guards or myself become mercenaries if we defend ourselves in an attack.

So, there's an end to it, as the Bard said.

And I, in turn, apologize if I offended you.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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The gate guard scenario is not the issue - it's a distractor. It’s not about you. Really.

It’s about the criteria of international law, which the US has signed. (It’s even less about me, since I’m not employed by a military contractor of any sort.)

It’s about the fact that your original assertion:
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We've been through this before - they are NOT being used on the line of battle as offensive troops. They are NOT mercenaries.

was not as clear-cut as you asserted (see post #18).

"Line of battle" and "offensive troops" are not the criteria. It's akin to me asserting that a person had to have at least 1000 jumps from at least 6 different aircraft and dock last on a 20-way or larger formation in order to be a skydiver. While there might be a few skygods that want to apply that criteria, that doesn't make it so.

It’s about the recognizing that some of the actions that have repeatedly been referenced, i.e., the USMC Col in Iraq in 2004's account and Mr. Prince’s own testimony, fit the criteria for mercenary behavior (w/the repeatedly noted citizenry exception … altho’ w/the implementation of the SOFA in Iraq that may no longer apply since the US is not engaged in armed conflict with the Iraqi government). Do you see the question mark at the end of the subject line?

You didn’t offend me – you made a choice to use cussing in a response/to swear at me and a choice to insult me directly.

/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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And yes I realize the ammunition this link holds for your's and Darius' arguments.



I'm still wondering what you meant by "your's and Darius' arguments"? The aggregation suggests that you think they're the same? (Please note question mark meaning I'm asking for clarification.)

Beyond he & I both having some sort of response to the accusations of systematic child prostitution, I don't think Darius and my arguments are the same. (And it's likely that a significant part of my reasoning beyond illegality of child prostitution is different, i.e., I consider the potential effect on COIN and SSTR operations). If you do think that our arguments are the same, then I have failed to communicate.

/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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The gate guard scenario is not the issue - it's a distractor.



No, it's not a distractor - it's ANOTHER armed contractor that could end up in a firefight with the enemy, and as a result, end up labeled a mercenary using the laws as you have described them.

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It's not about you. Really.



It's not about your interpretation. Really.

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It’s about the criteria of international law, which the US has signed. (It’s even less about me, since I’m not employed by a military contractor of any sort.)

It’s about the fact that your original assertion:

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We've been through this before - they are NOT being used on the line of battle as offensive troops. They are NOT mercenaries.

was not as clear-cut as you asserted (see post #18).



Disagree - as the point we keep bouncing back and forth between us proves, it's not as cut-and-dried as you want to make it look.

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"Line of battle" and "offensive troops" are not the criteria. It's akin to me asserting that a person had to have at least 1000 jumps from at least 6 different aircraft and dock last on a 20-way or larger formation in order to be a skydiver. While there might be a few skygods that want to apply that criteria, that doesn't make it so.



No, they're not - but they're useful terms to try and explain the difference between personnel used as offensive assets (like troops) and personnel used as defensive assets (like gate and convoy guards) that could also end up in a firefight with the enemy.

By the bald criteria of the law (as you have explained it), the gate guard that fires upon the enemy in response to an attack upon him can be considered a mercenary.

I've also never stated that references to 'line of battle' and 'offensive troops' were part of the criteria, since the strawman and red herring specters have been brought up - nice skydiving reference, though.

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It’s about the recognizing that some of the actions that have repeatedly been referenced, i.e., the USMC account and Mr. Prince’s own testimony, fit the criteria for mercenary behavior (w/the repeatedly noted citizenry exception … altho’ w/the implementation of the SOFA in Iraq that may no longer apply since the US is not engaged in armed conflict with the government). Do you see the question mark Iraqi at the end of the subject line?



I've never argued that BW's ACTIONS were outside the bounds of their contract. I haven't said that that BW's ACTIONS didn't fit the criteria of mercenary behavior.

Find where I have.

I am arguing AGAINST the initial statement that the gov't hired BW as a mercenary company. I said that their CONTRACT did not stipulate that they be used in an offensive manner - if you have different information regarding their contract, then please provide it.

I really can't explain the situation in any better form, so please ask someone whose opinion holds value to you for a better explanation, as mine evidently does not.

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You didn’t offend me – you made a choice to use cussing in a response/to swear at me and a choice to insult me directly.

/Marg



Yup, I did swear - I tend to do that sometimes when I've been insulted for no reason that I can see. It tends to make me a angry, and that is what I apologized for.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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The gate guard scenario is not the issue - it's a distracter.



No, it's not a distractor - it's ANOTHER armed contractor that could end up in a firefight with the enemy, and as a result, end up labeled a mercenary using the laws as you have described them.



Yes, it is a distracter when it's used repeatedly to avoid acknowledging that some of the behavior and actions qualify as mercenary, (all the while acknowledging the repeatedly referenced citizenry criteria).



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It's not about you. Really.



It's not about your interpretation. Really.



I didn’t mean that as sarcasm. I’m guessing you did?



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It’s about the criteria of international law, which the US has signed. (It’s even less about me, since I’m not employed by a military contractor of any sort.)

It’s about the fact that your original assertion:

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We've been through this before - they are NOT being used on the line of battle as offensive troops. They are NOT mercenaries.

was not as clear-cut as you asserted (see post #18).



Disagree - as the point we keep bouncing back and forth between us proves, it's not as cut-and-dried as you want to make it look.



I’m not the one who made the cut-n-dry assertion – how many times have I referenced exceptions and used words like “some”? Your quote above is the cut-n-dry assertion. I challenged your assertion that it was a decided opinion ... when as you agree now, its not. (And as I've repeatedly noted exceptions too.)




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"Line of battle" and "offensive troops" are not the criteria. It's akin to me asserting that a person had to have at least 1000 jumps from at least 6 different aircraft and dock last on a 20-way or larger formation in order to be a skydiver. While there might be a few skygods that want to apply that criteria, that doesn't make it so.



No, they're not - but they're useful terms to try and explain the difference between personnel used as offensive assets (like troops) and personnel used as defensive assets (like gate and convoy guards) that could also end up in a firefight with the enemy.



They are useful if you want to apply a criteria beyond/outside of what is international law. Now you would not be the first nor the last to do that. And sometimes that an important and good thing. IN this case, it serves primarily to force artificial constraints and suggest a certainty that does not exist in the international law.



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By the bald criteria of the law (as you have explained it), the gate guard that fires upon the enemy in response to an attack upon him can be considered a mercenary.



It’s not as I have “explained it” – I’ve cited and quoted Article 47 directly. I’m not adding or subtracting.




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It’s about the recognizing that some of the actions that have repeatedly been referenced, i.e., the USMC account and Mr. Prince’s own testimony, fit the criteria for mercenary behavior (w/the repeatedly noted citizenry exception … altho’ w/the implementation of the SOFA in Iraq that may no longer apply since the US is not engaged in armed conflict with the government). Do you see the question mark Iraqi at the end of the subject line?



I've never argued that BW's ACTIONS were outside the bounds of their contract. I haven't said that that BW's ACTIONS didn't fit the criteria of mercenary behavior.

Find where I have.



See quote above in which you asserted “they are NOT mercenaries” and make reference to non-existent criteria. And that it had been decided (“consensus”) when clearly it’s not.



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I really can't explain the situation in any better form, so please ask someone whose opinion holds value to you for a better explanation, as mine evidently does not.



Valueing your opinion in this matter is not the issue. Sincerely and non-sarcastically, because I don't know any other way to convey it via html: it's not about you the person. I'm not angry at you or angered by you.

Facts and what are the legal criteria (not mine) for use of a word, mercenary, are the surface issue.

Secondary issue is why there is such a negative response to the use of term "mercenary" when some of the actions do meet those criteria rather than addressing those responsible for the actions? Does it also serve to distract from addressing the accusations of child prostitution?

And of most value and most interest to me are all of those other questions and issues that I've been mentioning: what is the strategic impact of the expanding role of private armies for operations that previously were conducted by uniformed military … & what that means for counterinsurgency, stability, and reconstruction operations … for force projection and US strategic interests … for strategy … for economics of warfare (war has a business side) … for privatization (shall we privatize the entire US military?) … or for international and domestic law? All those issues are much harder and much more interesting to me.

/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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Yes, it is a distracter when it's used repeatedly to avoid acknowledging that some of the behavior and actions qualify as mercenary, (all the while acknowledging the repeatedly referenced citizenry criteria).



Where have I said that BW's actions didn't cross the line, Marg? You keep attributing an argument to me that I NEVER MADE.

I never said that the reasons I used to explain why BW was not a mercenary company were criteria under law - another argument I never made.

My argument all along was (and continues to be) that they were NOT hired to fight in that manner. The criteria are over-broad and can as easily be used to accuse a gate guard acting in self-defense of being a mercenary.

BW exceeded their mandate and deserve whatever punishment is handed down to them in that regard.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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Yes, it is a distracter when it's used repeatedly to avoid acknowledging that some of the behavior and actions qualify as mercenary, (all the while acknowledging the repeatedly referenced citizenry criteria).



Where have I said that BW's actions didn't cross the line, Marg? You keep attributing an argument to me that I NEVER MADE.



Please re-read what I wrote: “that some of the behavior and actions qualify as mercenary.”

The assertion that I have attributed to you is the one you did make:
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We've been through this before - they are NOT being used on the line of battle as offensive troops. They are NOT mercenaries.

That assertion is not as clear-cut as you asserted (see post #18), which you now seem to agree (?)



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I never said that the reasons I used to explain why BW was not a mercenary company were criteria under law - another argument I never made.



If I’m reading correctly, you’re re-iterating what I’ve been writing: the criteria you’ve been using aren’t what is in the international law?

While one can apply their own criteria (like my skygod scenario) that doesn’t make it factually accurate. Legally, it's also strategically suspect to try to apply one's own criteria for speeding when a police officer pulls you over, which is probably a more apt analogy.

You might argue that the criteria should be changed, revised, or eliminated and why. My own recommended criteria for what I think should qualify as “mercenary” may support revision or elimination ... but we've never even been able to get to that point ... altho' I did link one other proposal from Carlisle Barracks in 1999.



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My argument all along was (and continues to be) that they were NOT hired to fight in that manner. The criteria are over-broad and can as easily be used to accuse a gate guard acting in self-defense of being a mercenary.



“Easily” and “over-broad” is highly subjective. Maybe that’s so. It’s not certainly not been decided or proven one way or another in this forum. Again, the criteria are not clear therefore I challenged your original assertion (quoted above).

/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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Yes, it is a distracter when it's used repeatedly to avoid acknowledging that some of the behavior and actions qualify as mercenary, (all the while acknowledging the repeatedly referenced citizenry criteria).



Where have I said that BW's actions didn't cross the line, Marg? You keep attributing an argument to me that I NEVER MADE.



Please re-read what I wrote: “that some of the behavior and actions qualify as mercenary.”



And I will, in turn, repeat my response - "Where have I said it wasn't???"

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The assertion that I have attributed to you is the one you did make:

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We've been through this before - they are NOT being used on the line of battle as offensive troops. They are NOT mercenaries.

That assertion is not as clear-cut as you asserted (see post #18), which you now seem to agree (?)



You have a Marine COL talking about the BW people killed in Fallujah, and a book and video presentation that I can't access.

If you're going to use that to show that as proof of 'mercenary actions', then I'm sorry, bypassing a checkpoint doesn't cut it.

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I never said that the reasons I used to explain why BW was not a mercenary company were criteria under law - another argument I never made.



If I’m reading correctly, you’re re-iterating what I’ve been writing: the criteria you’ve been using aren’t what is in the international law?



I've never claimed they were, and I've never said they were criteria.

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While one can apply their own criteria (like my skygod scenario) that doesn’t make it factually accurate. Legally, it's also strategically suspect to try to apply one's own criteria for speeding when a police officer pulls you over, which is probably a more apt analogy.



You continue to confuse my attempts to clarify the difference between offense and defense as "criteria". I have never said they are 'criteria'.

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My argument all along was (and continues to be) that they were NOT hired to fight in that manner. The criteria are over-broad and can as easily be used to accuse a gate guard acting in self-defense of being a mercenary.



“Easily” and “over-broad” is highly subjective. Maybe that’s so. It’s not certainly not been decided or proven one way or another in this forum. Again, the criteria are not clear therefore I challenged your original assertion (quoted above).

/Marg



It *is* highly subjective - all the more reason to make sure that we're all talking about the same thing.

At the base of it, a mercenary is someone hired to fight in a foreign war - to 'directly engage in hostilities', I believe the criteria is?.

I submit that someone who is only allowed to RETURN fire if attacked is not hired to 'directly engage in hostilities'. They *may* do that by returning fire in response to being attacked, but that is NOT the purpose they were hired for.

That said, if you have info from BW's contract that they were allowed to freely engage the enemy without orders, or documented instances of CO's in Iraq/Afghanistan telling BW "Go set up an ambush on Point Baker - we're told there's an AQ patrol moving through that area in 3 hours", then I'll withdraw all objections.

Otherwise, I believe my point (and constant argument) stands - they were not HIRED as mercenaries, however much their actions AFTER being hired may RESEMBLE mercenary activity.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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Yes, it is a distracter when it's used repeatedly to avoid acknowledging that some of the behavior and actions qualify as mercenary, (all the while acknowledging the repeatedly referenced citizenry criteria).



Where have I said that BW's actions didn't cross the line, Marg? You keep attributing an argument to me that I NEVER MADE.



Please re-read what I wrote: “that some of the behavior and actions qualify as mercenary.”



And I will, in turn, repeat my response - "Where have I said it wasn't???"



You asserted
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We've been through this before - they are NOT being used on the line of battle as offensive troops. They are NOT mercenaries.

That assertion is not as clear-cut as you asserted (see post #18), which you now seemed to agree in post #59 but now in post #61 you don’t.



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I never said that the reasons I used to explain why BW was not a mercenary company were criteria under law - another argument I never made.



If I’m reading correctly, you’re re-iterating what I’ve been writing: the criteria you’ve been using aren’t what is in the international law?



I've never claimed they were, and I've never said they were criteria.



Do I understand correctly that now you’re arguing that the gate guard scenarios and repeated use of phrases like “offensive” versus “offensive” and “join the infantry in the line of battle” wasn’t meant to differentiate what/who qualified as a mercenary and who didn’t? So those weren’t criteria that you were trying to use to justify that original assertion? If they weren’t that was entirely unclear to me. (What were they then?)



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While one can apply their own criteria (like my skygod scenario) that doesn’t make it factually accurate. Legally, it's also strategically suspect to try to apply one's own criteria for speeding when a police officer pulls you over, which is probably a more apt analogy.



You continue to confuse my attempts to clarify the difference between offense and defense as "criteria". I have never said they are 'criteria'.



What are you using them for because you seem to be using them to explain why some of Blackwater and other PMSC actions do not qualify as mercenary? Offensive and defensive are not part of the international law and are not clear in an insurgency.



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My argument all along was (and continues to be) that they were NOT hired to fight in that manner. The criteria are over-broad and can as easily be used to accuse a gate guard acting in self-defense of being a mercenary.



“Easily” and “over-broad” is highly subjective. Maybe that’s so. It’s not certainly not been decided or proven one way or another in this forum. Again, the criteria are not clear therefore I challenged your original assertion (quoted above).



It *is* highly subjective - all the more reason to make sure that we're all talking about the same thing.

At the base of it, a mercenary is someone hired to fight in a foreign war - to 'directly engage in hostilities', I believe the criteria is?.



If you functioning under the assumption that is the definition then there’s part of the confusion.
Among the criteria of Article 47 is “does, in fact, engage in direct hostilities.” It’s a subsidiary condition to the recruitment to an armed conflict, i.e., one can be contracted go to an armed conflict area and not engage, in fact, in direct hostilities and one would not be a mercenary, e.g., private medical personnel.



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I submit that someone who is only allowed to RETURN fire if attacked is not hired to 'directly engage in hostilities'. They *may* do that by returning fire in response to being attacked, but that is NOT the purpose they were hired for.



And that may be your criteria. And it may be a reasonable recommendation. It is not international law, tho’. It also doesn’t apply to the situations I have referenced.



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That said, if you have info from BW's contract that they were allowed to freely engage the enemy without orders, or documented instances of CO's in Iraq/Afghanistan telling BW "Go set up an ambush on Point Baker - we're told there's an AQ patrol moving through that area in 3 hours", then I'll withdraw all objections.



While you might assert that should be the criteria, just like that skygod might think his criteria are the “right” ones and that speeder thinks he should be able to go whatever, that’s not what the law says.

And my challenge to your original assertion stands.

/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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For concision, separating this out, by the majority of this thread's posts it seems to have been overwhelmingly shown that

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We've been through this before - they are NOT being used on the line of battle as offensive troops. They are NOT mercenaries.



... while "we" may have been through this before ... and may go through it again ... the above assertion is far from resolved or certain.

/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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And yes I realize the ammunition this link holds for your's and Darius' arguments.



I'm still wondering what you meant by "your's and Darius' arguments"? The aggregation suggests that you think they're the same? (Please note question mark meaning I'm asking for clarification.)

Beyond he & I both having some sort of response to the accusations of systematic child prostitution, I don't think Darius and my arguments are the same. (And it's likely that a significant part of my reasoning beyond illegality of child prostitution is different, i.e., I consider the potential effect on COIN and SSTR operations). If you do think that our arguments are the same, then I have failed to communicate.

/Marg



Sorry...didn't mean to imply they are the same as they are not. I just meant there is ammunition for both of yas. But Darius doesn't want to talk about Sierra Leone so he might miss out.
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Sorry...didn't mean to imply they are the same as they are not. I just meant there is ammunition for both of yas. But Darius doesn't want to talk about Sierra Leone so he might miss out.



Thanks for the clarification … I’m still not certain to what argument it’s adding ammunition … but suspect not worth pursuing. I did read the paper you referenced last evening -- thanks! -- and it was something that was talked about (because I brought it up) at dinner.

/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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Thanks for the additional information. As I wrote to you, the Executives Outcomes case in Sierra Leone is not something about which I know a lot.


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And yes I realize the ammunition this link holds for your's and Darius' arguments. I am of the mind that truth is far more important than being right. B|



Me too … but I’d hope that would be evident from the style and substance of what I write, as well as the times I’ve defended other posters and their challenging of my arguments, including Mike ... but that's more general than really addressed to you.

I’m not sure what you meant by “your’s and Darius’ arguments”?

If EO acted in the strategic interests of the state, in this case Sierra Leone, than that’s not counter to what I’ve written … but I need to print out the paper you attached, read it, and think about it. Thanks for the reference. :)
/Marg


And to further clarify....I musta been on a roll yesterday :$....I didn't mean to say anyone specifically is not interested in the truth. I just felt like I was bordering torpedoing my own argument by providing that link in this thread.

Damn it and I take pride in being a good communicator. :$:D
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And my challenge to your original assertion stands.



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2. A mercenary is any person who:

( a ) Is specially recruited locally or abroad in order to fight in an armed conflict;


BW was hired on a Personal Protection Services contract - guards, not fighters. This sub-article proven false.

( b ) Does, in fact, take a direct part in the hostilities;


Arguable - if you stipulate ANY response is a 'direct part in the hostilities', then any gate guard can be a mercenary under this sub-article

( c ) Is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;


Arguable - I am unaware of what direct State Department PPD personnel are paid to make the comparison.

( d ) Is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;


The USA is a party to the conflict - this sub-article proven false

( e ) Is not a member of the armed forces of a Party to the conflict; and


Proven

( f ) Has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.


Proven



Since sub-articles A and D are proven false, and sub-articles B and C are unproven:

Blackwater are *not* mercenaries.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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And my challenge to your original assertion stands.


Still does …


2. A mercenary is any person who:

( a ) Is specially recruited locally or abroad in order to fight in an armed conflict;


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BW was hired on a Personal Protection Services contract - guards, not fighters. This sub-article proven false.



Maybe – leaning strongly to affirmed … they were specifically recruited to fulfill roles that were previously fulfilled by uniformed military in an armed conflict (the individuals in question are hired for skills related to combat not medical skills, not analytical skills, not something unrelated to fighting) that had reasonable expectations of engaging in … &, as I’ve quoted repeatedly:



( b ) Does, in fact, take a direct part in the hostilities;

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Arguable - if you stipulate ANY response is a 'direct part in the hostilities', then any gate guard can be a mercenary under this sub-article



Proven, or affirmed. See the USMC Colonel’s comments on Blackwater’s actions, Mr. Prince’s testimony, and the other documented incidents cited.


( c ) Is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;

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Arguable - I am unaware of what direct State Department PPD personnel are paid to make the comparison.



Proven. They’re privately employed for monetary gain and as has been widely noted paid substantially more than US military, for example:
“Army Gen. David H. Petraeus, the top U.S. commander in Baghdad overseeing more than 160,000 U.S. troops, makes roughly $180,000 a year. That comes out to less than half the fee charged by Blackwater for its senior manager of a 34-man security team.”
(Analysis & quote: http://www.washingtonpost.com/wp-dyn/content/article/2007/09/30/AR2007093001352.html; primary document, made available through House Committee: http://oversight.house.gov/documents/20061207151614-43671.pdf.)



( d ) Is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;

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The USA is a party to the conflict - this sub-article proven false



I.e., the citizenry exception that I’ve referenced at least a half dozen times … or as I wrote originally “If I had to argue it, it’s the loophole of citizenship (“national of a Party”) that may get Xe (nee Blackwater), etc. off on a technicality. Ironic?

Now that the US has a signed SOFA with the Iraqi government, it may be affirmed.


( e ) Is not a member of the armed forces of a Party to the conflict; and

Affirmed

( f ) Has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.

Affirmed


So sub-articles A is a maybe leaning toward affirmed, and sub-articles B and C are affirmed. It’s the technicality of part D (before US-Iraq SOFA entered into force) that may be the exception. And that sounds a lot like what I’ve been writing all along. And the validity of the challenge to your original assertion still stands.

/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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I am of the mind that truth is far more important than being right.



Me too … but I’d hope that would be evident from the style and substance of what I write, as well as the times I’ve defended other posters and their challenging of my arguments….


That's certainly an admirable ideal. Lately, I've encountered friends (and strangers) making and strongly defending assertions that are provably and objectively wrong. It takes all of the enjoyment out of attempts at intelligent discussion, more so when it is an especially intelligent friend doing it. [:/]
Math tutoring available. Only $6! per hour! First lesson: Factorials!

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And my challenge to your original assertion stands.


Still does …


2. A mercenary is any person who:

( a ) Is specially recruited locally or abroad in order to fight in an armed conflict;


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BW was hired on a Personal Protection Services contract - guards, not fighters. This sub-article proven false.



Maybe – leaning strongly to affirmed … they were specifically recruited to fulfill roles that were previously fulfilled by uniformed military in an armed conflict (the individuals in question are hired for skills related to combat not medical skills, not analytical skills, not something unrelated to fighting) that had reasonable expectations of engaging in … &, as I’ve quoted repeatedly:



Are you DELIBERATELY being this obtuse??

PROTECTIVE SERVICE != equal "FIGHTER", even though they MAY have to fight as part of their job.

GUARD != FIGHTER, even though they may have to fight as part of their job.

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( b ) Does, in fact, take a direct part in the hostilities;

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Arguable - if you stipulate ANY response is a 'direct part in the hostilities', then any gate guard can be a mercenary under this sub-article



Proven, or affirmed. See the USMC Colonel’s comments on Blackwater’s actions, Mr. Prince’s testimony, and the other documented incidents cited.



I don't give a crap what the COL said about bypassing a checkpoint in Falujah - remember the 'specially recruited' thing? They have to be HIRED TO PERFORM THAT ACTION.

By this logic a bouncer is the equivalent of a SWAT entry team member, since he may get in a fight as part of his job.


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( c ) Is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;

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Arguable - I am unaware of what direct State Department PPD personnel are paid to make the comparison.



Proven. They’re privately employed for monetary gain and as has been widely noted paid substantially more than US military, for example:
“Army Gen. David H. Petraeus, the top U.S. commander in Baghdad overseeing more than 160,000 U.S. troops, makes roughly $180,000 a year. That comes out to less than half the fee charged by Blackwater for its senior manager of a 34-man security team.”
(Analysis & quote: http://www.washingtonpost.com/wp-dyn/content/article/2007/09/30/AR2007093001352.html; primary document, made available through House Committee: http://oversight.house.gov/documents/20061207151614-43671.pdf.)



BW was under a STATE contract, not military. Compare like vs. like, please.

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( d ) Is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;

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The USA is a party to the conflict - this sub-article proven false



I.e., the citizenry exception that I’ve referenced at least a half dozen times … or as I wrote originally “If I had to argue it, it’s the loophole of citizenship (“national of a Party”) that may get Xe (nee Blackwater), etc. off on a technicality. Ironic?

Now that the US has a signed SOFA with the Iraqi government, it may be affirmed.



The USA is still a party to the conflict.

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( e ) Is not a member of the armed forces of a Party to the conflict; and

Affirmed

( f ) Has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.

Affirmed



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So sub-articles A is a maybe leaning toward affirmed, and sub-articles B and C are affirmed. It’s the technicality of part D (before US-Iraq SOFA entered into force) that may be the exception. And that sounds a lot like what I’ve been writing all along. And the validity of the challenge to your original assertion still stands.

/Marg



Nope - they were NOT HIRED TO BE FIGHTERS.

Still not mercs.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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By this logic a bouncer is the equivalent of a SWAT entry team member, since he may get in a fight as part of his job.



If you armed that bouncer with an Uzi, night vision, and body armor, it might be tough to see the distinction.



For those that can't understand the difference between the two jobs, I wouldn't be surprised at all that they couldn't.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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Mike you’ve asserted an absolute with complete certainty. I’ve challenged that assertion on the grounds that (1) it’s not as absolute as you assert, and (2) it certainly was not resolved with the certainty or clarity that you assert, either here or in the real world. You have a higher bar to prove (like proving guilt). All I had to show was some reasonable doubt and that there was some ambiguity.

The criteria doesn’t say guard. The criteria doesn’t say defensive. They were specially recruited to perform activities that required a skill set unique to fighting in armed conflict. They are specially recruited based on skills related to military combat.

And as has been noted by people other than me, as cited previously but far from limited to LTC Ralph Peters, USA (ret), the Iraqi populace frequently can’t tell the difference. The US service members get blamed and have to deal with the consequences of their poor actions/choices in a few but critical instances. That’s the ”So What? Who Cares?” for me. If PMSC behavior is in conflict with US military strategy and operations, then it’s important. And in a counterinsurgency, the population is the key. See Galula, Trinquier, FM 3-24, Chap 1, pg 1-24, or GEN McChrystal’s COMISAF COIN GUIDANCE released last week, i.e., don’t believe me because I state it.



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BW was under a STATE contract, not military. Compare like vs. like, please.



They were under contract to State (& other agencies) to perform duties that had traditionally been performed by US military. Activities that had once been core military responsibilities. That is comparing like with like. That further strengthens the argument that criterion (a) was fulfilled. BW was recruited to serve in roles with expectation of fighting that had previously been filled by uniformed service members.



It appears to a reasonable person that until post #[67] you were not functioning under the real criteria of Article 47. (The text of the Article was linked in my first response to you, back to a post from October 2007 in which I posted them verbatim – it’s that primary data addiction :D).

Imagine if someone came here and asserted, “There is NO individual right to firearms,” and they didn’t know what the 2nd amendment really stated? But they were extremely confident in their assertion?



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Are you DELIBERATELY being this obtuse??



No, I’m just pointing out calmly and with evidence that the assertion you made is not as clear as you would like to believe.

Are you going to get mad & swear at me and insult me again because I have the temerity to challenge a belief that you strongly hold?


You’ve acknowledged that the word holds a pejorative connotation for you but you don’t seem to want to talk about why or what to do about that … even tho I’ve repeatedly tried and even brought in a reference from the Army War College that might serve as a starting point.



If one is opposed to any privatization (I’m not) then it’s a non sequitur – it doesn’t matter: all privitization is opposed.

If one is a pacifist opposed to force projection (I’m not) - then it’s a non sequitur – it doesn’t matter: all armed conflict is opposed.

If one favors unilateral privitization and is not a pacifist then what's there may be an argument (not mine) for privitizing all military functions: make them all mercenaries by definition. If privitization is the best way, where's the advocacy of option?

If one stands to benefit markedly from PMSCs (I don’t have the skill set for which they recruit operational employees) the perception/connotation/PR does matter because it creates bad PR among a different domestic audience - the US population and the US Congress.

If one is motivated (beyond ideals of truth and recognition that the real world isn't often 'black-n-white') by strategy and finding the most effective means to execute that strategy within the law and within the values of the US (btw: that’s a paraphrasing from Bush admin strategy docs), then the connotation doesn’t matter much at the surface level *but* it does to the extent that it impacts the population amongst the insurgents (this is where I fall).

/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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Mike you’ve asserted an absolute with complete certainty. I’ve challenged that assertion on the grounds that (1) it’s not as absolute as you assert, and (2) it certainly was not resolved with the certainty or clarity that you assert, either here or in the real world. You have a higher bar to prove (like proving guilt). All I had to show was some reasonable doubt and that there was some ambiguity.

The criteria doesn’t say guard. The criteria doesn’t say defensive. They were specially recruited to perform activities that required a skill set unique to fighting in armed conflict. They are specially recruited based on skills related to military combat.



Now who's throwing out red herrings? The quote is "in order to fight in an armed conflict" - their contract is NOT to fight, but to defend.

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And as has been noted by people other than me, as cited previously but far from limited to LTC Ralph Peters, USA (ret), the Iraqi populace frequently can’t tell the difference. The US service members get blamed and have to deal with the consequences of their poor actions/choices in a few but critical instances. That’s the ”So What? Who Cares?” for me. If PMSC behavior is in conflict with US military strategy and operations, then it’s important. And in a counterinsurgency, the population is the key. See Galula, Trinquier, FM 3-24, Chap 1, pg 1-24, or GEN McChrystal’s COMISAF COIN GUIDANCE released last week, i.e., don’t believe me because I state it.



Ok, so if BW *HAD* been hired as an offensive force, then why are they getting investigated and fined? Those actions would have been in the line of duty, if that were the case..

ACTIONS != purpose of hiring contract.

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BW was under a STATE contract, not military. Compare like vs. like, please.



They were under contract to State (& other agencies) to perform duties that had traditionally been performed by US military. Activities that had once been core military responsibilities. That is comparing like with like.


No - according to their contract, they are augmentees of the State Department's Bureau of Diplomatic Security.

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Section C.1.1, Worldwide Personal Protective Services Contract (excerpt)
"Under the Diplomatic and Antiterrorism Act of 1986, the Bureau of Diplomatic Security (DS) of the Department of State has a broad range of responsibilities that include protection of personnel and facilities both domestic and abroad."

Section C.1.2, Worldwide Personal Protective Services Contract (excerpt)
"The Bureau of Diplomatic Security is unable to provide protective services on a long-term basis from from it's pool of Special Agents, thus outside contractual support is required for emergency protective requirement stated on extremely short notice."



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That further strengthens the argument that criterion (a) was fulfilled. BW was recruited to serve in roles with expectation of fighting that had previously been filled by uniformed service members.



Find me where it says anything about fighting in the quote below:

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Section C.1.3, Worldwide Personal Protective Services Contract (excerpt)
"The following are the specific goals of the Bureau of Diplomatic Security:

Prevent loss of life, injury to personnel, and damage/destruction of facilities or equipment, worldwide as specified by individual Task Orders issued under this contract.

Ensure security and safety of personnel and facilities in static (fixed) locations and/or in mobile (in transit) operations.

Expedite the movement of personnel in the accomplishment of their missions.

Secure the environment to enable personnel to conduct their business and complete their missions.

Protect personnel and the organizations they represent from harm or embarassment."



There's an awful lot of uses of the word "protective", and quite a dearth of mention of "combat operations" for a group that was supposedly hired 'to fight in an armed conflict".

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It appears to a reasonable person that until post #[67] you were not functioning under the real criteria of Article 47. (The text of the Article was linked in my first response to you, back to a post from October 2007 in which I posted them verbatim – it’s that primary data addiction :D).



Nope - I was operating under correct assumptions, because I *KNEW* the type of duties they were hired to perform. Obviously, I can't speak for others who assumed their presumptions were correct.

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Imagine if someone came here and asserted, “There is NO individual right to firearms,” and they didn’t know what the 2nd amendment really stated? But they were extremely confident in their assertion?



Why do you think I keep saying it? In this case, I *am* the one holding the Constitution.

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Are you DELIBERATELY being this obtuse??



No, I’m just pointing out calmly and with evidence that the assertion you made is not as clear as you would like to believe.


Unfortunately, your evidence is based on a false presumption, as shown by the text of BW's contract.

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Are you going to get mad & swear at me and insult me again because I have the temerity to challenge a belief that you strongly hold?



Depends - are you going to falsely accuse me of strawman arguments and red herrings again?

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You’ve acknowledged that the word holds a pejorative connotation for you but you don’t seem to want to talk about why or what to do about that … even tho I’ve repeatedly tried and even brought in a reference from the Army War College that might serve as a starting point.



Because regardless of what the War College says, most people hold mercenaries in low esteem - look at the original post. I feel it important to prove that the US has not, in fact, hired mercenaries to fight in Iraq.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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Mike you’ve asserted an absolute with complete certainty. I’ve challenged that assertion on the grounds that (1) it’s not as absolute as you assert, and (2) it certainly was not resolved with the certainty or clarity that you assert, either here or in the real world. You have a higher bar to prove (like proving guilt). All I had to show was some reasonable doubt and that there was some ambiguity.

The criteria doesn’t say guard. The criteria doesn’t say defensive. They were specially recruited to perform activities that required a skill set unique to fighting in armed conflict. They are specially recruited based on skills related to military combat.



Now who's throwing out red herrings?



What in there do you think is a red herring: a logical fallacy that is a deliberate attempt to divert attention or to change a subject or divert an argument?

I reiterated the criteria that you’ve tried/are trying to assert are relevant, when they’re not. Words that you've used that aren't in the criteria.

Are you arguing that they were not hired, "specially recruited," because of their skills and experience related to military combat? What are the requirements of the contract with respect to skills and experience?



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The quote is "in order to fight in an armed conflict" - their contract is NOT to fight, but to defend.



If in actions of having to “defend” they have to fight, then they’re fighting. There is not “offensive” versus “defensive” criteria. You might argue that there should be one.



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Ok, so if BW *HAD* been hired as an offensive force, then why are they getting investigated and fined? Those actions would have been in the line of duty, if that were the case..



Depends to which case you are referring.
Deliberate killing of civilians would get a uniformed service member investigated too. Excessive use of force could get a uniformed service member investigated too.

By your notional example above, that suggests that criteria (a) was fulfilled. (And “offensive” still is not part of the criteria; (b) “in fact, engage in direct hostilities” is. It's those direct hostilities that are largely responsible for investigations and subsequent findings.)



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BW was under a STATE contract, not military. Compare like vs. like, please.



They were under contract to State (& other agencies) to perform duties that had traditionally been performed by US military. Activities that had once been core military responsibilities. That is comparing like with like.



No - according to their contract, they are augmentees of the State Department's Bureau of Diplomatic Security.



They are “augmentees” to BDS because the military was unable/were not going to fill a role they had traditionally served. Not because BDS had traditionally been deployed into armed conflict. I.e., that further strengthens the argument that criterion (a) was fulfilled. (Some) employees of BW were recruited to serve in roles with expectation of fighting that had previously been filled by uniformed service members.



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Are you going to get mad & swear at me and insult me again because I have the temerity to challenge a belief that you strongly hold?



Depends - are you going to falsely accuse me of strawman arguments and red herrings again?



Putting aside for the moment the validity of whether they were/are red herrings and straw men – because if they are then it’s not a false premise. Regardless, they are part of the argument (“the ball”) not the person (“the player”).

Again, assuming for the sake of discussion that they weren't red herring and strawmen, your argument now is that if you can’t control your emotions and actions (swearing and insulting), it’s my fault?

/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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