1 00:00:00,240 --> 00:00:06,810 James Parsons is a senior lecturer in politics at the University of Manchester. 2 00:00:07,890 --> 00:00:11,640 This was taken on just like that. 3 00:00:11,640 --> 00:00:17,230 Have if you think of the scenes in the area, humanitarian intervention, responsibility to protect the ethics of war, 4 00:00:17,250 --> 00:00:22,590 the increased use of private military security companies, which is the subject not only of performance going to get today. 5 00:00:22,600 --> 00:00:29,600 Of course, the last time the subjects of the book, which will be published next year with Oxford University Press. 6 00:00:29,600 --> 00:00:35,700 So yeah, his book, Humanitarian Intervention and Responsible to Protect Who Should Intervene, 7 00:00:36,570 --> 00:00:47,280 was published in 2010 by AP and got the notable Book Award in 2011 for the International Studies Association International Ethics Section. 8 00:00:48,000 --> 00:00:53,670 He's come on paper for a copy, go get one, because there's a new focus on Libya, 9 00:00:53,850 --> 00:01:05,030 as you see his focus on human intervention and got the Ernest Booker Prize for best dissertation in fiscal theory on political studies. 10 00:01:05,120 --> 00:01:14,070 The situation is published the first articles on the ethics of force and currently working with four volume major work on humanitarian interventions, 11 00:01:14,340 --> 00:01:21,840 is also working on the second monograph on national issues, a study sort of this issue of possible funders and private security companies. 12 00:01:22,780 --> 00:01:30,909 Now today I'm going to take place because this fits very strongly with more things that we have to change of heart war, not just about let's change. 13 00:01:30,910 --> 00:01:33,910 You're uncomfortable already, have you understand what we talked about last week. 14 00:01:34,330 --> 00:01:40,570 But this we're not losing sight of these ethical, moral dimensions of techniques and technology. 15 00:01:40,590 --> 00:01:44,170 So just think about what's coming through resumes. Okay. Thanks very much. 16 00:01:44,860 --> 00:01:49,579 So my background is in political theory. In political theory tends to produce handouts. 17 00:01:49,580 --> 00:01:53,860 If you don't produce handouts, then you're not regarded as a proper political theory. 18 00:01:53,860 --> 00:02:00,519 So I've got handouts and PowerPoint and other exactly the same information is on both. 19 00:02:00,520 --> 00:02:05,800 So you can either look at the handouts from the handouts or you can you can look at me from PowerPoint. 20 00:02:07,930 --> 00:02:19,110 So I've just set those guys back. So. What I'm going to talk about today is, as Rob said, 21 00:02:19,110 --> 00:02:24,660 my recently completed manuscripts on the ethical issues surrounding the use of private military and security companies. 22 00:02:25,110 --> 00:02:34,290 So PMC for sure. And so what I try and do in the book, in short, is consider the central normative objections to private pension security. 23 00:02:34,290 --> 00:02:40,350 Come these and bring these all together to provide an overall assessment of the case for and against their use. 24 00:02:42,150 --> 00:02:49,740 Now, the way that I'm going to structure the talk is I'm going to give in the first half a brief overview of the whole book. 25 00:02:50,430 --> 00:03:01,710 Now, it won't be possible to do justice or or to discuss in any satisfactory manner the overall arguments of the book and to develop my case, 26 00:03:02,160 --> 00:03:04,020 you know, in 40, 45 minutes. 27 00:03:04,380 --> 00:03:10,350 So what I'm going to do is just give a brief overview in the first half and then the second half focus on one particular set of issues. 28 00:03:10,800 --> 00:03:17,940 And the issues that I'm going to concentrate on are those to do with the issues with individuals, with individual contractors. 29 00:03:18,750 --> 00:03:23,459 And these are the issues that one I've kind of discussed this topic with people previously. 30 00:03:23,460 --> 00:03:28,260 These are ones that people are often just most interested in. So I thought that's what I'd focus on. 31 00:03:29,970 --> 00:03:34,920 Okay, so let me start then by giving a bit of a brief overview of the book. 32 00:03:37,280 --> 00:03:47,150 Now I expect that most of you have a fairly decent understanding or some background knowledge of the privatisation of military force. 33 00:03:47,180 --> 00:03:53,089 I'm not going to go into this in great detail. I'm not in both houses here. 34 00:03:53,090 --> 00:03:57,560 But instead I want to make a few more introductory clarifications. 3.33 inspections are taking place. 35 00:03:58,340 --> 00:04:02,270 So first of all, I'm going to say something about the scale of PMC use. 36 00:04:04,600 --> 00:04:08,770 In Iraq and Afghanistan in particular. Now, this has been immense. 37 00:04:08,950 --> 00:04:23,290 The total number of D.O.D. contracts is pegged to approximately 163,000 in Iraq in September 2028 and 117,000 in Afghanistan in 2012. 38 00:04:24,040 --> 00:04:31,630 Now, these figures from the U.S. Congressional Research Service are only D.O.D. contractors, so only four Department of Defence contractors. 39 00:04:32,620 --> 00:04:40,210 The total number of contractors would be even greater when you consider other agencies and other states employing these firms. 40 00:04:42,780 --> 00:04:50,700 So the scale is huge. But it should be made clear that it should be made clear that this doesn't mean that there are or have been hundreds 41 00:04:50,700 --> 00:04:57,480 of thousands of American security contractors running around Iraq and Afghanistan as as often depicted in the media. 42 00:04:58,080 --> 00:05:04,380 So although much of the focus is being on security contractors and particularly on security contractors, 43 00:05:04,860 --> 00:05:07,920 these are, in fact a relatively small part of the industry. 44 00:05:09,690 --> 00:05:18,390 In March 2011, security contractors comprised about 18% of the DOD contractors in Afghanistan and Iraq. 45 00:05:19,800 --> 00:05:27,750 By far, the largest part of the industry are those that concern logistical services, and these tend to receive a lot less attention. 46 00:05:27,760 --> 00:05:32,670 So logistical services services include things such as the setting up of bases, 47 00:05:32,970 --> 00:05:37,980 food production, delivery, sanitation and laundry, laundry and so on and so forth. 48 00:05:40,600 --> 00:05:50,950 In addition, the vast majority of contractors, including security contractors, all American operators in Iraq and Afghanistan. 49 00:05:51,370 --> 00:05:59,520 I saw it in Iraq, whereas my figures are 85% of security contractors were what are called tickets. 50 00:05:59,890 --> 00:06:09,129 So third country nationals in Afghanistan, 95% of security contractors with local national service Afghanis. 51 00:06:09,130 --> 00:06:15,960 Afghanistan is. So that's something just about the scale and a bit about the background of the industry. 52 00:06:16,590 --> 00:06:21,780 Now let me say something about the definition of private military and security companies, because these always come up. 53 00:06:23,960 --> 00:06:26,930 I think it's important to be very clear what it is we're actually talking about here. 54 00:06:27,770 --> 00:06:33,530 So I'd like to find them premises of private funds that provide military aid or security 55 00:06:33,530 --> 00:06:38,900 services that involve or assist the use of force beyond the borders of their own client, 56 00:06:39,090 --> 00:06:47,190 of their own or their clients. Political community. I'll pick out three important features of this definition. 57 00:06:48,210 --> 00:06:52,440 Firstly, since promises are funds, this means that they are for profits. 58 00:06:53,790 --> 00:06:58,440 Second, since they are private actors, they are separate independent actors. 59 00:06:58,800 --> 00:07:04,710 So not part of the regular military or the state. And the third is that they are to some extent, transnational. 60 00:07:07,590 --> 00:07:14,520 Now private contractors are simply on my account. Those who work for penises say they don't. 61 00:07:14,880 --> 00:07:18,330 They may not necessarily possess some of the defining features. 62 00:07:18,330 --> 00:07:22,320 Appendices. And this is going to be important to get into the second part of the paper. 63 00:07:23,460 --> 00:07:30,690 So private contractors don't necessarily need to be for profit, if you like, so they don't need to intend to make a profit. 64 00:07:31,110 --> 00:07:34,220 And they might not necessarily be motivated by financial concerns. 65 00:07:36,240 --> 00:07:44,580 Second, they might not be separate from the regular military, but rather they might moonlights from the regular military as this as has happens. 66 00:07:45,660 --> 00:07:49,020 I thought they don't need to be foreign as as we've already seen. 67 00:07:49,830 --> 00:07:56,100 Now, in similar vein, I'm going to view regular soldiers, simply those that are employed by the regular military. 68 00:07:57,840 --> 00:08:05,280 So as such, the difference between private contractors and regular soldiers doesn't hang on any account of personal characteristics, 69 00:08:05,940 --> 00:08:11,460 such as the motivation or nationality. What's important is who the employers actually are. 70 00:08:14,980 --> 00:08:23,290 Mm hmm. Now. On this account on the on this definition, 71 00:08:23,620 --> 00:08:30,010 there isn't a strong difference between private military and security companies and mercenary organisations. 72 00:08:30,520 --> 00:08:38,319 So there isn't an analytically or analytically necessary or a categorical difference between mercenaries and premises, 73 00:08:38,320 --> 00:08:44,070 despite various accounts in the literature and various industry attempts to claim that there are. 74 00:08:46,120 --> 00:08:53,290 There is, I think, a degree of difference. So premises are more likely to be professional, more like to be corporate, 75 00:08:53,290 --> 00:08:58,850 and more like to provide a wider range of services than traditional accounts of military mercenaries. 76 00:08:58,870 --> 00:09:05,980 But mercenary organisations still seem to have the same defining features of being intending to make a profit, 77 00:09:06,640 --> 00:09:10,120 being separate from their regular military and being to some extent, transnational. 78 00:09:13,690 --> 00:09:22,120 Okay. Third introductory point. It's worth noting that the use of panaceas, especially in that time, especially in the past, 79 00:09:22,330 --> 00:09:26,750 has at times been subject to quite extensive negative media coverage on the court. 80 00:09:26,860 --> 00:09:33,340 I'm sure a lot of you have seen this. So the criticism tended to focus around four related problems. 81 00:09:35,660 --> 00:09:38,750 The first is that premises are ineffectively regulated, 82 00:09:39,290 --> 00:09:46,760 and that is to say there is not an effective system of national or international laws to govern their use. 83 00:09:48,750 --> 00:09:54,330 The second problem is a number of contractors have been alleged they're involved in the violations of civilians, human rights. 84 00:09:55,350 --> 00:10:03,000 And this has been exacerbated by the apparent lack of effective accountability to prosecute those who commit wrongdoing. 85 00:10:03,030 --> 00:10:09,780 So one very widely reported incident was in this square in central Baghdad in 2007, 86 00:10:10,050 --> 00:10:16,440 where Blackwater employees allegedly opened fire on civilians, killing 70. 87 00:10:18,030 --> 00:10:21,300 And there's yet to be a successful prosecution of those involved. 88 00:10:23,130 --> 00:10:30,600 The third problem throughout the lack of competitiveness of the industry and the integrity of the bidding processes and the full problem 89 00:10:30,610 --> 00:10:40,740 surrounds a lack of government oversight and proper number of insufficient number of contract offices to oversee these capacities. 90 00:10:41,280 --> 00:10:50,160 Now, these very well-documented problems have led to some initiatives to improve the accounts of pregnancy appliances and contractors, 91 00:10:50,610 --> 00:10:53,820 to improve contract procedures and their oversight. 92 00:10:53,850 --> 00:11:03,210 So the has been some, albeit limited, improvements in the way that the US in particular and to a lesser degree the UK have been using contractors. 93 00:11:05,310 --> 00:11:10,320 More recently, the industry, along with various states, 94 00:11:10,620 --> 00:11:17,250 have developed the International Code of Conduct to govern PMC, which is a form of industry self-regulation. 95 00:11:18,990 --> 00:11:28,610 Now notwithstanding these various efforts. There is, I think, tends to be unquestioned. 96 00:11:28,610 --> 00:11:35,990 The more basic issue of whether private military force is a morally acceptable way for a state to organise its armed forces. 97 00:11:36,650 --> 00:11:41,719 And there seems to be a general acquiescence that premises are here to stay 98 00:11:41,720 --> 00:11:46,100 and that the use of PMCs in certain roles has gone increasingly unquestioned. 99 00:11:48,480 --> 00:11:56,610 No. I think for a fuller assessment of the case for and against premises, it's necessary to go beyond simply considering these for more well document. 100 00:11:56,850 --> 00:12:01,620 For more well documented problems surrounding oversight and accountability. 101 00:12:03,000 --> 00:12:08,489 It requires consideration of some more fundamental issues which ultimately, I think, 102 00:12:08,490 --> 00:12:12,030 lie at the light, the heart of the case for and against the use of premises. 103 00:12:12,030 --> 00:12:19,650 And these include things such as the alleged mercenary motives of private contractors, the use of PMCs to circumvent democratic control. 104 00:12:20,430 --> 00:12:24,630 The issues of energy inequality and access to security created by market force. 105 00:12:25,590 --> 00:12:34,410 The effects of a market proposal on international instability and the efficacy, desirability and meaning of a stated monopoly on force. 106 00:12:35,880 --> 00:12:40,590 So in the book, what I try and do is consider these concerns the more well documented problems, 107 00:12:40,590 --> 00:12:47,890 but also consider some of the more fundamental issues as well. And to do this, I divide the analysis into three levels. 108 00:12:53,230 --> 00:12:59,920 So the first concerns the employees of private military force and focuses on the just the viability of being employed by PNAC. 109 00:13:00,340 --> 00:13:08,140 And these are where you find some of the most vociferous objections to private military force, such as those famously advanced by Machiavelli. 110 00:13:09,760 --> 00:13:15,159 So they often revolve around the claims that individuals are involved in private military forces depraved, 111 00:13:15,160 --> 00:13:22,630 that brutal, that merciless fight for only for financial gain with little concern for who their employer is. 112 00:13:24,520 --> 00:13:32,950 Now, if there is something to these objections, then it would seem that there'd be really serious reasons to oppose these appendices. 113 00:13:33,370 --> 00:13:37,000 And that's because the individuals involved in the practice would be doing something wrong. 114 00:13:38,950 --> 00:13:43,540 So the contractors have the right to use in the system military force or the strong reasons 115 00:13:43,540 --> 00:13:49,180 to hold the only regular soldiers permissible to use lethal force or assist lethal force. 116 00:13:49,810 --> 00:13:52,810 And these are the issues that I'm going to focus on in the second part of the paper. 117 00:13:55,550 --> 00:14:02,510 Now the second level concerns the employees of private military force and focuses on the just the viability of employing premises. 118 00:14:04,550 --> 00:14:11,990 The issues that arise at this level include most fundamentally whether employing premises threatens the legitimacy of the state. 119 00:14:15,590 --> 00:14:23,270 So sometimes it's argued that states or other actors undermine the social contract when they employ premises 120 00:14:23,270 --> 00:14:29,660 because it should be citizen soldiers that do the fighting themselves as part of their civic responsibility. 121 00:14:32,700 --> 00:14:39,000 Now in the book, I largely reject these claims and argue that premises don't fundamentally threaten legitimacy of the state. 122 00:14:39,780 --> 00:14:47,010 I argue that issues to do with effectiveness, democratic control, the treatment of military personnel and criminal liability, 123 00:14:47,220 --> 00:14:53,910 criminal solidarity give us reason in general to doubt the rectitude of using premises. 124 00:14:54,930 --> 00:15:00,120 So that's the second level to do with employers. The third level is the international, 125 00:15:00,120 --> 00:15:04,889 and this concerns the more diffuse collective effects of the privatisation of military force on the 126 00:15:04,890 --> 00:15:10,680 international system and potential negative and even positive externalities of a market for force. 127 00:15:12,750 --> 00:15:23,130 So what I mean by this are things such as the potential for the market for force, leading to greater circumvention of the formal constraints on war, 128 00:15:23,550 --> 00:15:29,850 such as international laws, and the more informal constraints such as the prevailing norms that we have in the international system. 129 00:15:33,080 --> 00:15:36,230 For instance, Pemex often alleged to lead to more proxy wars. 130 00:15:38,000 --> 00:15:49,340 And I also argue I argue that I also argue that these appear misses in the market for ports can undermine criminal security within 131 00:15:49,340 --> 00:15:55,430 societies and decrease increased disorder in the international system by making it much easier for other states to resort to force. 132 00:15:58,530 --> 00:16:07,290 So my central claim is that private military force raises problems at all levels and should generally be assumed now. 133 00:16:09,240 --> 00:16:14,370 In making this claim, I votes for things and I'll briefly run through this. 134 00:16:19,870 --> 00:16:21,610 First, deeper and contingent problems. 135 00:16:23,600 --> 00:16:31,879 So certain theorists and industry analysts argue that although there are some problems with the use of premises, 136 00:16:31,880 --> 00:16:37,100 if there were an adequate system of regulation put in place, there would be little wrong with their use. 137 00:16:38,600 --> 00:16:45,410 That is, there is nothing deeply problematic about the use of premises or that we simply need to do is sort out the current regulation of them. 138 00:16:47,250 --> 00:16:53,990 Now I challenge this argument. I argue that in addition to some of the more obvious contingent problems, the other dimensions, 139 00:16:54,590 --> 00:17:02,600 the use of premises poses some more fundamental moral concerns which ultimately give us reason to prefer public false. 140 00:17:05,990 --> 00:17:11,900 Now, I should say something about the strength of what I'm saying here, so I don't claim that these are a poor or immoral problems. 141 00:17:12,350 --> 00:17:17,450 What I mean by that is they're not necessary to all contractors and are not unique to all. 142 00:17:17,960 --> 00:17:23,330 They're not unique to premises and contractors. Rather, there are objections that would apply. 143 00:17:23,330 --> 00:17:28,790 Even the premises were effectively regulated by a system of national or international regulation. 144 00:17:29,660 --> 00:17:38,389 And these are often the sorts of objections that I run, the objections more generally that you find against markets in other basic services, 145 00:17:38,390 --> 00:17:45,080 such as against halal markets, for health markets, for education, and include issues of motivation. 146 00:17:45,440 --> 00:17:48,260 The fact that contractors can't be easily compelled to fight, 147 00:17:49,670 --> 00:17:56,600 can't be so easily compelled to fight wars and operations and the undermining of communal cohesiveness by commodities provision. 148 00:17:58,230 --> 00:18:02,180 So that's the first thing. There are about different contingent problems. 149 00:18:04,460 --> 00:18:12,020 Now, second thing I argue is that despite these notable problems, it can be permissible, 150 00:18:12,020 --> 00:18:17,120 all things considered, some sometimes sometimes to use premises. 151 00:18:18,500 --> 00:18:22,370 And this in particular is when they use with limits extremely beneficial consequences. 152 00:18:22,820 --> 00:18:28,340 So I'm not presenting an absolutist case that says you can never use them, because I think that would be far too strong. 153 00:18:28,700 --> 00:18:38,030 So you might conceive of, say, a humanitarian crisis and the UN is looking to try and launch a military operation. 154 00:18:38,930 --> 00:18:47,630 Most states are willing to provide logistical support. It can hire PMC to do so despite all the various problems with premises. 155 00:18:48,200 --> 00:18:55,130 I think there are the extremely beneficial consequences in this case would outweigh those other considerations. 156 00:18:57,580 --> 00:19:02,620 The third theme is that I argue for a global public monopoly on the provision and authorisation 157 00:19:02,620 --> 00:19:09,489 of military force in order to respond fully to the challenges posed by not only PMCs, 158 00:19:09,490 --> 00:19:12,940 but also the statist system of military force. 159 00:19:14,680 --> 00:19:22,390 And fourthly, I argue that we need to rethink some of the existing frameworks on the ethics of war. 160 00:19:22,570 --> 00:19:24,010 I think there are some seats down here if you. 161 00:19:32,100 --> 00:19:39,210 So for one, I suggest that the privatisation of the military force and the predominance of individual contracts and the high level of subcontracting. 162 00:19:41,510 --> 00:19:50,030 Demonstrates that collective response to collectivist responses to individualistic, reductionist approaches to just war theory largely, 163 00:19:51,350 --> 00:19:57,680 largely failed, ensure the rise of premises provides more risks to the revisionist just war theorists mill. 164 00:19:59,450 --> 00:20:00,139 More generally, 165 00:20:00,140 --> 00:20:08,750 I argue that considering issues that debate the private privatisation of military force shows that just war theory needs to consider issues. 166 00:20:08,750 --> 00:20:13,190 The theory, the legitimacy of the military, the military undertaken the war. 167 00:20:13,430 --> 00:20:17,060 So whereas we've got traditional categories of views that BLM and yes. 168 00:20:17,480 --> 00:20:20,510 Symbolised we don't tend to consider. 169 00:20:23,620 --> 00:20:27,310 When considering the particular case for a war or what's going on during a war. 170 00:20:28,600 --> 00:20:31,360 This is the theory with who's actually doing the fighting. 171 00:20:31,930 --> 00:20:37,479 And what I suggest is that in antebellum terms, a war could potentially be even worse if it's, 172 00:20:37,480 --> 00:20:42,340 say, fought by patsies or conscript army than an all volunteer force. 173 00:20:44,200 --> 00:20:47,409 Okay. So that's a brief overview of the whole book. 174 00:20:47,410 --> 00:20:54,250 I know that's quite a lot to cover and it's very difficult to do justice to it in a short space of time. 175 00:20:54,250 --> 00:21:00,730 So what I want to do now is focus in particular level on the issues to do with the individuals and private military force. 176 00:21:08,340 --> 00:21:15,450 So I'm going to focus on whether it's permissible to be a contractor, so whether it's okay to be a contractor. 177 00:21:17,400 --> 00:21:23,890 And if so, what? I'm to do this. I'm going to consider the three leading objections to being a private contractor. 178 00:21:25,200 --> 00:21:32,070 I'm not going to say that these objections failed to establish that it's morally wrong to be a private contractor. 179 00:21:32,730 --> 00:21:36,420 But I do highlight the contractors need to meet certain restrictions. 180 00:21:38,250 --> 00:21:43,650 Towards the end, I'm going to say that these restrictions are even greater than those for regular soldiers. 181 00:21:45,480 --> 00:21:49,709 Okay. So to start with, and what I call the violation of human rights objects and the whole you alluded to 182 00:21:49,710 --> 00:21:55,320 this and this is one of the most vociferous and commonly encountered objections. 183 00:21:56,100 --> 00:22:01,469 So, for instance, Enrico Ballesteros, who used to be the U.N. special rapporteur on mass tourism, 184 00:22:01,470 --> 00:22:06,150 said that mercenaries based on comparative advantage and greater efficiency on the 185 00:22:06,150 --> 00:22:09,270 fact that they don't regard themselves as being bound to respect human rights, 186 00:22:09,270 --> 00:22:10,650 the rules of international human law, 187 00:22:11,250 --> 00:22:16,350 greater distain for human dignity and greater cruelty are often considered efficient instruments for winning the fight. 188 00:22:19,660 --> 00:22:27,880 More precisely, the objection is that the de facto immunity for certain contractors removes a major disincentive to commit abuses. 189 00:22:28,750 --> 00:22:34,090 So as I've already indicated, there are numerous allegations of human rights abuses by PMC personnel in Iraq. 190 00:22:36,670 --> 00:22:40,480 Now. I don't buy this objection. I think there's an obvious problem with that. 191 00:22:41,510 --> 00:22:46,660 And this this is that it doesn't show that there's anything wrong with being a private contractor. 192 00:22:47,410 --> 00:22:52,510 All that is simply required is for a contractor not to violate civilians human rights. 193 00:22:53,710 --> 00:22:58,840 So contractors who don't violate civilian human rights would not be subject to this objection. 194 00:23:00,460 --> 00:23:06,910 So there's nothing at least inherently problematic about being a contractor on this objection. 195 00:23:08,690 --> 00:23:14,210 Moreover, I think it's clear that most contractors don't go. 196 00:23:14,300 --> 00:23:17,330 I could at least commit violations of human rights. 197 00:23:18,050 --> 00:23:22,280 So I don't think that this objects and provides a presumptive objection to contractors either. 198 00:23:22,280 --> 00:23:30,640 So it's not something that we can presume that generally applies. So I don't think this one has much force. 199 00:23:33,340 --> 00:23:35,920 Let me now turn to what I call the state's objection. 200 00:23:36,790 --> 00:23:43,749 And the state's objection says that there's something simply wrong with having the status of being a contract. 201 00:23:43,750 --> 00:23:44,020 So. 202 00:23:46,130 --> 00:23:54,980 So there's something wrong with the very the very essence of being a private contractor, but being someone that can go to war as a private individual. 203 00:23:57,200 --> 00:24:02,060 Now this objection has a bit more prima facie plausibility. I'm not going to consider it in a bit more detail. 204 00:24:07,240 --> 00:24:11,440 It's been most substantively defended by Adam Perel, who's a legal theorist, 205 00:24:12,580 --> 00:24:17,230 including a very recent paper in a leading philosophy journal of Philosophy of Public Affairs. 206 00:24:18,490 --> 00:24:25,240 Now, Harel argues that private contractors lack the permission to use force since they aren't public agents, 207 00:24:26,500 --> 00:24:29,710 they act on their own private judgement about whether to go to war. 208 00:24:31,510 --> 00:24:32,620 According to Harel, 209 00:24:32,890 --> 00:24:42,760 private sanctions soldiers such as those apparently required in private prisons that he also considers by private contractors are impermissible. 210 00:24:44,320 --> 00:24:50,110 This is because in such circumstances, private individuals are required to act on their own judgement. 211 00:24:52,240 --> 00:25:02,350 Yet, he argues the parts of conflict to inflict criminal sanctions or to go to war is what he calls an agent dependent power. 212 00:25:03,850 --> 00:25:06,820 And that can be only successfully exercised by the state. 213 00:25:09,140 --> 00:25:17,780 Now he thinks this objection applies even when private actors such as those involved in private prisons or Princes al-Masri, 214 00:25:17,840 --> 00:25:21,860 for purposes, follow the state's orders and comply with its decisions. 215 00:25:24,840 --> 00:25:28,830 Now to substantiate his case, he gives the following example. 216 00:25:31,350 --> 00:25:38,370 A public official asks you to participate in the infliction of criminal sanctions against the convicted criminal. 217 00:25:39,090 --> 00:25:48,450 In this case, you are required to consider as a private citizen the justify bility of your imposition of sanctions on the individual. 218 00:25:50,640 --> 00:25:59,670 Now for Pharrell, this is really problematic because the public authorisation of the action isn't exclusively an execution of the will of the state, 219 00:26:00,510 --> 00:26:05,340 but is rather dependent on your own private judgement about whether to actually inflict sanctions. 220 00:26:07,290 --> 00:26:14,850 And for this reason he thinks it would be impermissible. It depends on your own private judgement rather than that of the state. 221 00:26:15,000 --> 00:26:19,350 And so he thinks it would infringe the autonomy of those subjects, of the sanctions. 222 00:26:21,310 --> 00:26:30,490 By contrast, the things that public officials possess special role base duties to enforce the state's decisions without exercising any discretion. 223 00:26:34,280 --> 00:26:39,019 So the central objection that he pressed is against private contractors then is that they 224 00:26:39,020 --> 00:26:43,940 need to make private judgements rather than simply enforcing the will of the state. 225 00:26:47,700 --> 00:26:51,870 Now. I'm not persuaded by this argument. 226 00:26:51,870 --> 00:27:03,120 And here's the reason why. It seems that this argument is too strong in saying that regular soldiers are not sometimes required to act 227 00:27:03,120 --> 00:27:09,629 on their own private judgements about whether to go to war or whether to question whether their war meets. 228 00:27:09,630 --> 00:27:13,460 The start of the council of say you set about just war theory to. 229 00:27:15,770 --> 00:27:23,660 I accept that soldiers may sometimes have role base duties to give significant weight to what their state says. 230 00:27:24,050 --> 00:27:28,520 So being a soldier might provide them with quite a significant number of reasons to accept. 231 00:27:28,970 --> 00:27:33,830 As a general point, what their state or their commanding officer says, 232 00:27:35,150 --> 00:27:39,590 regardless of the contents of this report, regardless of the content of the commands. 233 00:27:42,170 --> 00:27:47,420 In technical language, there's a pro tanto content, independent duty to obey. 234 00:27:50,090 --> 00:27:54,950 Now. It seems too strong, however, to say that there is an in the feasible reason why, 235 00:27:54,950 --> 00:28:02,180 an absolute reason for regular soldiers always to follow the dictates of the state regardless of what it commands. 236 00:28:03,800 --> 00:28:11,600 Sometimes the role, basically the role based duties of soldiers may outweigh the duties not to participate in the war. 237 00:28:14,940 --> 00:28:18,510 And what they based on their private judgement, just judge unjust. 238 00:28:18,520 --> 00:28:20,400 Yeah. Other times this won't be the case. 239 00:28:21,120 --> 00:28:29,350 So sometimes I think regular soldiers are required to go along with what their own private judgement says that they should do. 240 00:28:31,770 --> 00:28:37,229 So I'll give you an example. Suppose that there's a regular soldier, let's call him. 241 00:28:37,230 --> 00:28:43,200 Fred joins the army of the Democratic state that tends to fight just wars. 242 00:28:45,390 --> 00:28:49,350 The greater resources of the state to access the justice of the law. 243 00:28:49,890 --> 00:28:56,660 And the fact that it is going to be democratically authorised by this nice democratic state gives further potential content. 244 00:28:56,670 --> 00:29:02,910 Independent reason. A general reason, if you like, to fight any war ordered by the state. 245 00:29:04,890 --> 00:29:12,120 But doesn't seem to follow that this consideration always outweighs the case for Fred acting on his own private judgement. 246 00:29:14,220 --> 00:29:20,370 So a particular war might contravene Fred's deeply held moral or religious convictions. 247 00:29:21,420 --> 00:29:26,910 Or Fred might have access to particular information that the proposed war is going to be unjust. 248 00:29:27,820 --> 00:29:33,600 Say he speaks to a friends who works intelligence services and so forth. 249 00:29:34,950 --> 00:29:41,610 Alternatively, although Fred's state may be likely to fight just what is in most cases a particular war, 250 00:29:42,600 --> 00:29:48,420 this particular war may still be unlikely to be just. 251 00:29:48,750 --> 00:29:53,729 And Fred's refusal to participate in it might not do anything to actually harm the military. 252 00:29:53,730 --> 00:30:03,600 So it might. Nor can it persuade other others in the future to take a similar role as it did to take a similar position. 253 00:30:05,100 --> 00:30:12,840 So my point is that both private contractors and regular soldiers are permitted and sometimes required to act on their own private judgement. 254 00:30:14,550 --> 00:30:18,840 And so I guess, Carol, there isn't a major categorical difference here. 255 00:30:19,290 --> 00:30:25,500 The argument would, I think, also rule out the permissibility of having regular soldiers. 256 00:30:29,630 --> 00:30:35,740 Okay. So I reject the status quo. Thirdly, the most remote is an objection. 257 00:30:38,480 --> 00:30:46,580 This is probably the most common objection is that private contractors possess an inappropriate motive for waging war, 258 00:30:46,850 --> 00:30:50,480 namely financial gain, and therefore acts impermissibly. 259 00:30:52,460 --> 00:30:59,930 Now, I think this objection is to some extent correct, although I'm not sure how weighty we should regard it. 260 00:31:01,430 --> 00:31:08,480 So let me explain what I mean by that. There are three basic premises of the argument I'm going to run through reach inside. 261 00:31:10,900 --> 00:31:14,350 The first is. Less controversial. 262 00:31:14,390 --> 00:31:16,480 This is something that motives matter and moral judgement. 263 00:31:17,620 --> 00:31:23,740 So this is based on the Kantian notion that individuals should be motivated by the right sorts of reasons for their actions to have moral worth. 264 00:31:25,730 --> 00:31:32,930 Secondly, the premise is the second premise is that it's problematic individuals and predominantly motivated by financial gain. 265 00:31:36,010 --> 00:31:41,140 Now this notion relies on the premise that to be moral individuals should be motivated by duty. 266 00:31:41,350 --> 00:31:45,970 And duty regarding duty requires to some extent other regarding action. 267 00:31:47,110 --> 00:31:51,430 So we should be motivated by concern for others rather than our own self-interest. 268 00:31:53,950 --> 00:31:59,649 Now, the motive of financial gain seems to be particularly problematic because it's typically self-regarding, 269 00:31:59,650 --> 00:32:01,420 not always, but typically self-regarding. 270 00:32:03,070 --> 00:32:09,580 So individuals who pursue financial gain often but not always do so because they seem to want to benefit themselves. 271 00:32:13,080 --> 00:32:17,250 So competence should be motivated not by financial gain, at least predominantly, 272 00:32:17,250 --> 00:32:21,120 but by other regard, such as patriot, such as, for instance, patriotism. 273 00:32:22,830 --> 00:32:31,409 Now, against this, Tony Lynch and A.J. Walsh in a piece in the journal Political Philosophy in 2000 replied 274 00:32:31,410 --> 00:32:36,180 to such arguments by arguing that the motive of patriotism is potentially worse, 275 00:32:36,960 --> 00:32:40,050 more dangerous, they argue, because, for instance, 276 00:32:40,050 --> 00:32:46,050 it can lead to dehumanisation of the enemy and the lack of questioning of the war aims at the state. 277 00:32:50,420 --> 00:32:54,380 No, I do not find this response persuasive. So there can be mild forms of patriotism. 278 00:32:55,610 --> 00:33:02,660 But more fundamentally, the second premise isn't saying that individuals have to be motivated by patriotism, 279 00:33:02,880 --> 00:33:13,610 saying they should be motivated by either a god before their family, humanity, state humanity, or even fellow soldiers or or patriotism. 280 00:33:15,420 --> 00:33:19,760 Now, another response to the second premise is to say it's too demanding. 281 00:33:20,690 --> 00:33:26,660 It's too demanding to ask. The individuals should not be predominantly motivated by other regarding concerns. 282 00:33:29,350 --> 00:33:36,940 Now, in order to reply to this or two, clarifications is necessary to start with. 283 00:33:37,720 --> 00:33:45,400 Individuals are required to be other regarding only so far as the motivation concerns their duties to others. 284 00:33:46,690 --> 00:33:52,630 So it's only when they're thinking about considering issues to do with the rights and interests of others. 285 00:33:52,990 --> 00:33:57,670 When their sites are home watching TV, they don't need to be other regarding. 286 00:33:57,670 --> 00:34:05,120 They can. They can watch what they want. In addition, individuals are only predominantly required to be out of a garden. 287 00:34:06,100 --> 00:34:09,460 They are still allowed to have some degree of self interest. 288 00:34:10,960 --> 00:34:19,850 So, for instance, a regular soldier might possibly join the military in order to help defend others in his state from aggression. 289 00:34:20,290 --> 00:34:26,590 But also as a secondary consideration because it's a good career option with good pay and good benefits on offer. 290 00:34:29,330 --> 00:34:30,620 Okay. That's the second premise. 291 00:34:30,740 --> 00:34:37,880 Third premise, private contractors are more likely to be motivated, predominantly motivated by financial gain than regular soldiers. 292 00:34:39,290 --> 00:34:48,110 This is probably the most controversial part of the party's objection against this suggestion. 293 00:34:49,160 --> 00:34:57,200 It's sometimes argued that regular soldiers are motivated by financial gain, such as wanting to pursue a career with generous remuneration. 294 00:34:59,030 --> 00:35:04,360 On the other hand, there's claimed that some private contractors are motivated by other reasons, 295 00:35:04,370 --> 00:35:14,209 so sometimes they are motivated by patriotism or sense of adventure, or even sometimes wanting to do something for people, anything. 296 00:35:14,210 --> 00:35:18,440 You can conceive of that. Now I accept these points. 297 00:35:19,310 --> 00:35:26,300 Individuals, individual contractors, just like regular soldiers, are, of course, likely to possess a variety of motives. 298 00:35:28,530 --> 00:35:35,520 That kind of influenced the decision to become a contractor. Some will be motivated predominantly by financial gain. 299 00:35:36,030 --> 00:35:44,189 Others won't be. Yeah, it still seems that we can reasonably expect that financial considerations will figure more 300 00:35:44,190 --> 00:35:49,560 predominantly into decision making a PMC personnel than lots of their public counterparts. 301 00:35:51,430 --> 00:35:56,110 Now it is extremely difficult to prove this is the case. 302 00:35:57,520 --> 00:36:05,889 And I think to do this, you need to have a huge comparative study across the regular military campuses, private contractors, 303 00:36:05,890 --> 00:36:10,030 including all the local national laws and third country nationals, 304 00:36:10,690 --> 00:36:17,200 and compare similar personnel and actually try to establish what the actual motivations are. 305 00:36:18,220 --> 00:36:20,030 It's going to be very difficult to do this also. 306 00:36:20,030 --> 00:36:26,200 But nevertheless, I think we can still reasonably expect that this is the case without having that kind of degree of proof. 307 00:36:26,980 --> 00:36:34,190 And this is for three reasons. Firstly, the sympathy seems to be a lot of anecdotal evidence that suggests that this is the case. 308 00:36:35,960 --> 00:36:41,330 Secondly, it seems very odd that it would seem it would seem to be very old if this was the case, 309 00:36:41,330 --> 00:36:46,640 if the high wages on offer for private contractors wasn't. 310 00:36:46,760 --> 00:36:52,730 What the key motivating factor in the decision of private contractors to take on contracts? 311 00:36:54,500 --> 00:36:59,660 So there's a clear justification or reason for this reasonable expectation, financial incentives. 312 00:37:01,010 --> 00:37:09,230 And thirdly, in the various surveys that there have been of private contractors, financial considerations are often highlighted as influential. 313 00:37:10,580 --> 00:37:14,360 So there have been some surveys, although they're income, but they're not such a bruiser. 314 00:37:15,170 --> 00:37:18,800 So I think overall that this must be motives. Objection has some validity. 315 00:37:21,500 --> 00:37:31,940 Yeah, it's only a presumptive objection. So it clearly doesn't apply to those contractors who don't possess mercenary motives. 316 00:37:34,110 --> 00:37:36,749 In other words, like the violation of human rights objects. 317 00:37:36,750 --> 00:37:47,850 And it only sets forth a restriction that contractors should meet if private contractors are motivated by predominately by the right sorts of reasons. 318 00:37:48,330 --> 00:37:57,530 Then this objection won't apply. And it's conceivable that they could be motivated by the right sorts of reasons. 319 00:37:57,540 --> 00:38:03,649 Remember what I said in the first part of the talk where contracts are simply need to be those who want the pieces that 320 00:38:03,650 --> 00:38:10,430 don't need to have the intention or motive of being motivated by financial gain to be deemed a private contractor. 321 00:38:15,040 --> 00:38:20,259 Furthermore, even if contractors don't meet this condition. This doesn't seem to be important. 322 00:38:20,260 --> 00:38:26,500 Consider more generally when considering the grand scheme of war. 323 00:38:27,250 --> 00:38:32,290 So I think this objection, we can presume, generally applies to private contractors. 324 00:38:32,590 --> 00:38:37,000 More generally, this objection is going to be one that's going to hold against a lot of contractors. 325 00:38:37,150 --> 00:38:41,530 Not all of them, but a lot of them. It's a restriction they should meet. I don't think a lot of them are going to meet it. 326 00:38:43,960 --> 00:38:50,200 However, this consideration doesn't seem to be a major consideration when considering the whole grand scheme of war, 327 00:38:50,230 --> 00:38:55,750 when we're thinking about things such as mass human rights violations, international stability, responding to aggression. 328 00:38:56,590 --> 00:39:02,650 These much higher moral stakes when considering the case for and against, say, an all volunteer force, 329 00:39:03,310 --> 00:39:09,880 seems to be much more important in determining the case rather than issues to the motivation of those actually fighting the force. 330 00:39:13,950 --> 00:39:21,209 So then I've considered three objections and rejected them, at least in part. 331 00:39:21,210 --> 00:39:26,040 I think there must be more motives. Objection has some validity, but it's not particularly weighty. 332 00:39:26,970 --> 00:39:30,780 None. The objections establish that it's impermissible to be a private contractor. 333 00:39:32,530 --> 00:39:39,580 Now in the final section of the play from the very briefly consider the restrictions that contractors should meet. 334 00:39:39,910 --> 00:39:43,420 I'm not going to suggest that these are more demanding than those for regular soldiers. 335 00:39:45,120 --> 00:39:49,090 I suggest the contractors should always make judgements in war. 336 00:39:49,110 --> 00:39:56,880 That is as far as they can raise and studies are clearly just so clearly make all of the relevant just war theory criteria, 337 00:39:57,240 --> 00:40:02,310 whereas regular soldiers are required to make contributions that that's only probably just. 338 00:40:05,140 --> 00:40:09,780 Now I'm realising I'm running a little bit out of time when I practice this on my wife. 339 00:40:09,790 --> 00:40:12,910 It took about 40 minutes, so I'm kind of slow and that's not so particular. 340 00:40:16,510 --> 00:40:21,280 So restrictions from private contractors and what I call the deferral view soldiers are more required 341 00:40:21,280 --> 00:40:26,290 to follow the assessments of the leaders of your self club of traditional just war considerations. 342 00:40:26,850 --> 00:40:31,870 Avista disagree with this assessment. So this is in essence Harold's view that we looked at earlier. 343 00:40:34,300 --> 00:40:39,160 Now there are sort the very sorts of considerations he might think give us reason to adopt the federal view. 344 00:40:40,090 --> 00:40:45,129 So you might think that route is what better access to information about justice of laws. 345 00:40:45,130 --> 00:40:51,340 There they sit on high level committees briefed by intelligence community. 346 00:40:51,340 --> 00:40:58,960 So on the site for second you might think the route is a democratically elected and authorised by the people to make decisions about war rather than, 347 00:40:58,970 --> 00:41:05,410 say, regular soldiers. Thirdly, you might think that the continuing function of the military. 348 00:41:08,530 --> 00:41:13,810 And successful fighting of wars requires obedience rather than conscientious refusal of or objection. 349 00:41:15,380 --> 00:41:21,190 A fourth thing you might think the soldiers largely agree when they join to fight the wars decided by their leaders. 350 00:41:23,240 --> 00:41:28,940 Now as opposed to suggested. I don't think these objections these reasons provide. 351 00:41:31,960 --> 00:41:39,970 A strong reason and in the feasible reasons to say the contracts, to say that the soldiers should always follow the dictates of the state. 352 00:41:42,530 --> 00:41:47,809 They still sometimes look to their own private judgement. But that's only sometimes. 353 00:41:47,810 --> 00:41:57,710 I do think that these reasons generally have some force. We should give them some way, if not somewhere else, as in the feasible way now. 354 00:41:58,040 --> 00:42:02,660 By contrast, it's very clear that this deferral view doesn't apply for private contractors. 355 00:42:03,380 --> 00:42:07,010 So private contractors aren't under the authority of the regular military. 356 00:42:07,760 --> 00:42:16,670 They're largely phrases like the wars in which they fight because they're recruited on the basis of online databases on a single contract basis. 357 00:42:17,930 --> 00:42:24,980 So they don't possess any pretence or institutional duties to obey that study or that commanding officer. 358 00:42:26,570 --> 00:42:28,700 They haven't got a commanding officer before they signed up. 359 00:42:30,380 --> 00:42:39,110 So consequently, contractors, I suggest, should always look to their own judgement of the acceptability of their participation in the conflict. 360 00:42:40,580 --> 00:42:50,180 So they should always try and make judgements about them, about whether particular contracts it's going to meet the relevant just war considerations. 361 00:42:50,420 --> 00:43:05,400 And they should always follow that judgement. So by contrast, the regular soldier lot to some extent be excused, if you like, 362 00:43:06,150 --> 00:43:09,750 because of these four competing considerations for the role base duties. 363 00:43:12,630 --> 00:43:18,840 Now. Final final point. 364 00:43:19,800 --> 00:43:27,540 There's an interesting upshot of this argument is that it may, in fact, be preferable to be a private contractor in principle, at least. 365 00:43:30,860 --> 00:43:37,490 Joining the regular military always poses the risk that one could be asked to make an unjust contribution in the war conflict, unjust wars. 366 00:43:38,990 --> 00:43:43,040 It may also be that disobeying orders will have detrimental effects on the military 367 00:43:43,040 --> 00:43:48,110 more generally and undermine the military's likelihood of fighting effective wars, 368 00:43:48,320 --> 00:43:59,000 which may turn out to be just overall. So given the potential harmful effects of conscientious refusal and the risk of fighting unjust wars, 369 00:43:59,930 --> 00:44:02,870 it may be better to choose to become a private contractor. 370 00:44:02,870 --> 00:44:09,980 If an individual you can choose and contracts when you're supremely confident that you're only going to be fighting unjust wars. 371 00:44:11,510 --> 00:44:19,100 In addition, you might know that it'll be hard for you to conscientious refuse if you join the military, regular military, 372 00:44:19,100 --> 00:44:27,380 because, for instance, the costs of doing so, say imprisonment or being ostracised and potentially respect for authority figures. 373 00:44:27,410 --> 00:44:30,380 So if you're a bit you hold in very high regard. 374 00:44:31,130 --> 00:44:36,530 By contrast, you might think that it makes it very much easier for you to do the right thing if you're a private contractor. 375 00:44:36,770 --> 00:44:38,329 So if you were really moral person, 376 00:44:38,330 --> 00:44:44,480 you might think the best thing to do is to go off and actually be a private contractor rather than to join the regular military. 377 00:44:46,720 --> 00:44:47,710 That's in principle. 378 00:44:47,830 --> 00:44:57,610 Of course, as a practical matter, it's it's a further question whether contractors take on the options to pursue to fight only unjust wars. 379 00:44:58,390 --> 00:45:03,520 Given the financial considerations I've already alluded to and other considerations that kind of 380 00:45:03,520 --> 00:45:09,040 influence their decisions to take on board and indeed I'm going to finish on a more sceptical note. 381 00:45:10,630 --> 00:45:15,280 So although it might in principle be permissible to be a private contractor 382 00:45:16,030 --> 00:45:21,040 and even in principle be preferable to be a private contractor in practice, 383 00:45:21,040 --> 00:45:24,250 it's likely that many private contractors act impermissibly. 384 00:45:26,010 --> 00:45:31,680 First, as I've already suggested, many may lack the right motive for participation in war. 385 00:45:32,970 --> 00:45:34,650 Second, most, I think, 386 00:45:34,650 --> 00:45:42,720 will not take advantage of that free choice and will participate instead in wars that are unjust according to just war theory conditions. 387 00:45:44,130 --> 00:45:49,170 This is because, although I'm not going to argue the point here, most wars are, I think, unjust. 388 00:45:50,610 --> 00:45:59,730 If this is correct, then it seems to follow that most of those who participate in unjust wars will also act impermissibly. 389 00:46:01,080 --> 00:46:05,130 So fine. The point then is that although I think that it can in principally the. 390 00:46:07,990 --> 00:46:13,480 Permissible to be a private contractor, given that most wars are unlikely to be just given them financial motives. 391 00:46:14,680 --> 00:46:19,320 Presumably a private contractors. I think in practice this is unlikely, I think.