Ethical Security: The Private Sector in Peace and Stability Operations

Private military and security companies are associated with mercenaries. This mistaken labelling undermines the useful work they do, according to research from the Institute for Security Studies. The increased use of private companies in peace operations has become a fact of life. They assist the international community in ending suffering in some of the world’s most brutal conflicts. It is important, therefore, that the positive contributions of the private sector are openly supported within a robust, legal and ethical framework.

The private sector has become an indispensable component of peace and stability operations worldwide. The demand for private contractors has increased because of the downsizing of many of the world’s militaries since the end of the Cold War and the increasing use of peacekeepers around the world. This has led to a need to outsource many previously state-owned functions.

As the use of the private sector increases, so does apprehension. Much of this hesitation stems from confusion between legitimate private companies supporting peace and stability operations and illegitimate actors, referred to as ‘mercenaries’. There is currently no legal definition of ‘mercenary’ and its use has tended to be pejorative. The peace and stability operations industry avoids the term because of this.

Accurate representation of private sector operations in conflict and post-conflict environments is essential if policy makers are to make rational decisions about the best way to use them in support of conflict alleviation.

• Private contractors contribute to the sustainability of peacekeeping operations and respond to critical situations in a fast and impartial way, not having the bureaucracy and politics of international bodies.
• More than 90 per cent of the industry provides logistical support or training rather than armed security.
• The private sector is supportive of good regulation since it benefits good companies and makes clients more comfortable in using industry services.
• The US has the most advanced laws in this field. International regulation has been less successful, due to the confusion regarding the definition of a ‘mercenary’.
• While private contractors are not immune to irregularities, the nature of private competition is underrated as a mechanism for regulation and prevention of abuse.
• The industry has drawn up its own code of ethics in the International Peace Operations Association (IPOA).

The question for policy makers should be how best to tap the enormous potential of the industry while ensuring effective regulation and controls.

• Good regulation can only come through an unbiased assessment of the industry.
• Cooperation with the industry can do much to increase transparency, accountability and effectiveness.
• It is up to the employing organisation (whether governmental, non-governmental, or international) to set the limits to private contractors’ activity and to insist on accountability.
• Contracts should be awarded on quality rather than price.
• A balance must be struck between sensible regulation and draconian laws. Governments must ensure that private companies can operate within a clearly defined legal framework.
• Internal industry regulation should not be a substitute for good regulation at the governmental level. Nevertheless, internal regulation can be encouraged as a way of maintaining high standards within the industry.

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Author: J J Messner
Source: Messner, J.J. (2007). ‘Ethical security: The private sector in peace and stability operations’, in Gumedze, S. (Ed.) (2007) ‘Private Security in Africa: Manifestation, Challenges and Regulation’, ISS Monograph Series No 139, November 2007, Institute for Security Studies, South Africa, pp. 57-70.
Size: 12 pages (968KB)