Thanks, Efe – As to 1.,I think a lot of people were looking at private military companies even before 9/11. E.g., Sandline and Executive Outcomes had done some “interesting” things that raised accountability issues, and Singer’s work began getting noticed even before we were in occupation mode in Iraq. The cost-plus contracts of KBR and the shoot first/ask questions later approach people saw with Blackwater certainly made the issue of control/accountability more prominent. I’m not sure it is their size and/or mandate that creates the problem; the mentality of “just getting it done” allows for cost-plus, no-bid contracts without careful contracting (the kind of contractin that I’m recommending) that includes accountability for wrongful acts. (Analogy: the government “rescues” the banking system by giving it major injections of money without requiring checks on fraud and waste.) If the political will is there (and the contractor is not a crony of high government officials) it would not be difficult to control the PMSCs regardless of size or mandate.
As to 2., you point to a significant problem. But let’s start with the apparent truth that sovereignty is infringed, impaired, or compromised in a lot of situations; but many situations of HI need not involve any infringement of sovereignty. In the Congo, for example, ithe problem is the lack of funds for capable forces to be engaged on the side of the DRC, which IS the legitimate sovereign. In Darfur, by contrast, Sudan is the sovereign, but if genocide is taking place, the involvement of PMSCs would certainly require some legitimating force, perhaps regional in nature. I’m not advocating that you and I start a fund for people who want to end the Janjaweed terror by hiring a reliable PMSC, although such things have been proposed. No, there are many situations - early stages of genoicde being one - where “sovereignty” cannot be held as an absolute bar to humanitarian intervention. The question is what international institution has the broadest credible authority to coordinate an intervention. The “international community” needs to have that discussion. If there is some legitimacy in terms of human need, then whether the lead institution sends “blue helmets,” a mixture of various national military folks, or hires fully accountable PMSCs, public opinion will (I think) look primarily at the objective and whether the operations are carried out in a responsible way. Using mustard gas on the Janjaweed, for example, might be cost-effective but, regardless of who does it, there will be objections.
I’m not trying to change perceptions about companies that are in the business of killing people for a living. There are such companies, but the IPOA folks will tell you that most PMSCs are PSCs (taking out the military part and leaving in the security part). Still, some PMSC employees will have guns, and may use them; but under my suggestions, legitimate authorities would hire PMSCs through a mediating non profit that would take responsibility for the contracting and ensuring that the individual employees would be brought to justice for criminal and civil wrongdoing. If and when this happens in at least one instance, there will be a model to be followed; best case scenario, the operation goes smoothly, but one or two “bad actors” are disciplined, and the resulting application of criminal or civil penalties makes clear that the days of cowboy contractors in Iraq are far behind us. Percpetions would change gradually, in other words, as (you say) after the legal changes are made.