{
  "id": "R40991",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R40991",
  "active": false,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 355375,
      "date": "2010-01-07",
      "retrieved": "2016-04-07T02:05:48.999356",
      "title": "Private Security Contractors in Iraq and Afghanistan: Legal Issues",
      "summary": "U.S. departments and agencies contributing to combat or stability operations overseas are relying on private firms to perform a wider scope of security services than was previously the case. The use of private security contractors (PSCs) to protect personnel and property in Iraq and Afghanistan has been a subject of debate in the press, in Congress, and in the international community. While PSCs are widely viewed as being vital to U.S. efforts in the region, many Members are concerned about transparency, accountability, and legal and symbolic issues raised by the use of armed civilians to perform security tasks formerly performed by military personnel, as well as the adverse impact PSCs may be having on U.S. counterinsurgency efforts. \nContractors working for the U.S. military, the State Department, or other government agencies during contingency operation in Iraq and Afghanistan are non-combatants who have no combat immunity under international law if they engage in hostilities, and whose conduct may be attributable to the United States. Contractors who commit crimes in Iraq or Afghanistan are subject to U.S. prosecution under criminal statutes that apply extraterritorially or within the special maritime and territorial jurisdiction of the United States, or by means of the Military Extraterritorial Jurisdiction Act (MEJA). Section 552 of the John Warner National Defense Authorization Act for FY2007 (P.L. 109-364) makes military contractors supporting the Armed Forces in Iraq subject to court-martial jurisdiction, although the military trial of a civilian contractor would likely be subject to legal challenge on constitutional grounds. Despite congressional efforts to expand court-martial jurisdiction and jurisdiction under MEJA, some contractors may remain outside the jurisdiction of U.S. courts, civil or military, for improper conduct in Iraq or Afghanistan.\nThis report discusses the legal framework that applies to PSCs in Iraq and Afghanistan. After presenting a general description of the types of law applicable, including international humanitarian law and relevant status of forces agreements, the report addresses some implications of international law and a multilateral proposal for the adoption of international \u201cbest practices\u201d regarding the use of PSCs. The report follows up with a discussion of jurisdiction over PSC personnel in U.S. courts, whether federal or military courts, identifying possible means of prosecuting contractor personnel who are accused of violating the law overseas in the context of U.S. military operations, including a listing of known cases that have occurred or are pending. Finally, the report briefly discusses the possible implication of the roles of private security contractors with respect to inherently governmental functions.",
      "type": "CRS Report",
      "typeId": "REPORTS",
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      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc627137/",
      "id": "R40991_2009Dec22",
      "date": "2009-12-22",
      "retrieved": "2015-06-15T14:46:40",
      "title": "Private Security Contractors in Iraq and Afghanistan: Legal Issues",
      "summary": "This report discusses the legal framework that applies to private security contractors (PSCs) in Iraq and Afghanistan. The report follows up with a discussion of jurisdiction over PSC personnel in U.S. courts, identifying possible means of prosecuting contractor personnel who are accused of violating the law overseas in the context of U.S. military operations. Finally, the report briefly discusses the possible implication of the roles of private security contractors with respect to inherently governmental functions.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
      "formats": [
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          "format": "PDF",
          "filename": "files/20091222_R40991_0328f6da501969e5671f3eaf13fb832647aede07.pdf"
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          "format": "HTML",
          "filename": "files/20091222_R40991_0328f6da501969e5671f3eaf13fb832647aede07.html"
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      ],
      "topics": [
        {
          "source": "LIV",
          "id": "Defense policy",
          "name": "Defense policy"
        },
        {
          "source": "LIV",
          "id": "Contractors",
          "name": "Contractors"
        },
        {
          "source": "LIV",
          "id": "Government contractors",
          "name": "Government contractors"
        },
        {
          "source": "LIV",
          "id": "Subcontractors",
          "name": "Subcontractors"
        },
        {
          "source": "LIV",
          "id": "Foreign relations -- U.S. -- Afghanistan",
          "name": "Foreign relations -- U.S. -- Afghanistan"
        },
        {
          "source": "LIV",
          "id": "Foreign relations -- U.S. -- Iraq",
          "name": "Foreign relations -- U.S. -- Iraq"
        }
      ]
    }
  ],
  "topics": [
    "American Law",
    "Constitutional Questions",
    "Intelligence and National Security",
    "National Defense"
  ]
}