Mercenaries and War PDF
Mercenaries and War PDF
Mercenaries and War PDF
Understanding Private
Armies Today
Sean McFate
Mercenaries and War
Sean McFate
Mercenaries and War:
Understanding Private
Armies Today
Sean McFate
Cover: PRESSLAB/Shutterstock
An Emerging Threat.................................................................................2
Who Is a “Mercenary”?............................................................................6
Market Globalization.............................................................................23
Acknowledgments..................................................................................44
Notes........................................................................................................45
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Mercenaries are more powerful than experts realize, a grave oversight. Those
who assume they are cheap imitations of national armed forces invite disaster be-
cause for-profit warriors are a wholly different genus and species of fighter. Private
military companies such as the Wagner Group are more like heavily armed multi-
national corporations than the Marine Corps. Their employees are recruited from
different countries, and profitability is everything. Patriotism is unimportant, and
sometimes a liability. Unsurprisingly, mercenaries do not fight conventionally, and
traditional war strategies used against them may backfire.
An Emerging Threat
When people think of private military contractors, they imagine Blackwater
Security Consulting in Iraq circa 2007. However, the market for force has moved
on. Firms like Blackwater are quaint compared to the Wagner Group and other
contemporary mercenaries. Curiously, this trend is overlooked by scholars, the
mainstream media, and the Intelligence Community.2 Consequently, there is a
dangerous lacuna of understanding concerning this emerging threat.
Private force has become big business, and global in scope. No one truly
knows how many billions of dollars slosh around this illicit market. All we know is
that business is booming. Recent years have seen major mercenary activity in Ye-
men, Nigeria, Ukraine, Syria, and Iraq. Many of these for-profit warriors outclass
local militaries, and a few can even stand up to America’s most elite forces, as the
battle in Syria shows.
The Middle East is awash in mercenaries. Kurdistan is a haven for soldiers
of fortune looking for work with the Kurdish militia, oil companies defending
their oil fields, or those who want terrorists dead. Some are just adventure seek-
ers, while others are American veterans who found civilian life meaningless. The
capital of Kurdistan, Irbil, has become an unofficial marketplace of mercenary ser-
vices, reminiscent of the Tatooine bar in the movie Star Wars—full of smugglers
and guns for hire.
The United Arab Emirates secretly dispatched hundreds of special forces mer-
cenaries to fight the Iranian-backed Houthis in Yemen. Hailing from Latin Ameri-
can countries like Colombia, Panama, El Salvador, and Chile, they were all tough
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veterans of the drug wars, bringing new tactics and toughness to Middle East con-
flicts. They were a bargain, too, costing a fraction of what an American or British
mercenary would charge, so the Emirates hired 1,800 of them, paying two to four
times their old salaries. Allegedly, African mercenaries are also fighting in Yemen
for Saudi Arabia and come from countries like Sudan, Chad, and Eritrea. Private
force has proved a useful option for wealthy Arab nations, particularly Saudi Ara-
bia, Qatar, and the Emirates, that want to wage war but do not have an aggressive
military. Their mercenaries have fought in Yemen, Syria, and Libya in recent years.
Turning profit motive into a war strategy, Syria rewards mercenaries who
seize territory from terrorists with oil and mining rights. At least two Russian
companies have received contracts under this policy: Evro Polis and Stroytrans-
gaz. These oil and mining firms then hired mercenaries to do the dirty work. For
example, Evro Polis employed the Wagner Group to capture oil fields from the
so-called Islamic State (IS) in central Syria, which it did. Reports show there are
about 2,500 Russia-bought mercenaries in Syria. Russia also uses them in Ukraine,
and the Ukrainians fight back with their own mercenaries. The war there is awash
in Russian, Chechen, French, Spanish, Swedish, and Serbian mercenaries, fighting
for both sides in eastern Ukraine’s bloody conflict.
Mercenaries were ubiquitous in the Ukraine conflict. Companies like the
Wagner Group conducted a wide range of secret missions, all denied by the Rus-
sian government. Ukrainian oligarchs hired mercenaries, too, but not for the
country’s sake. Billionaire Igor Kolomoisky employed private warriors to capture
the headquarters of oil company UkrTransNafta in order to protect his financial
assets.
Nigeria secretly hired mercenaries to solve a big problem: Boko Haram. This
Islamic terrorist group fights to carve out a caliphate in Nigeria, and the Nige-
rian army fights back, its methods no better. There is a saying in Africa: When
elephants fight, the grass gets trampled. Tens of thousands of people were killed,
and 2.3 million more were displaced from their homes. Boko Haram abducted
276 schoolgirls for “wives,” many of whom were never seen again. International
outrage was swift but impotent.
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and they are turning to private force. For example, mining giant Freeport-McMo-
Ran employed Triple Canopy to protect its vast mine in Papua, Indonesia, where
there is an insurgency. The China National Petroleum Corporation contracts DeWe
Security to safeguard its assets in the middle of South Sudan’s civil war. Someday
ExxonMobil or Google may hire an army, too.
There are mercenaries on the sea as well, similar to privateers 2 centuries ago.
International shipping lines hire them to protect their ships traveling through pi-
rate waters in the Gulf of Aden, Strait of Malacca, and Gulf of Guinea. Here’s how
it works. Armed contractors sit on “arsenal ships” in pirate waters and chopper
to a client freighter or tanker when called. Once aboard, they act as “embarked
security,” hardening the ship with razor wire and protecting it with high-caliber
firepower. After the ship passes through pirate waters, the team returns to its arse-
nal ship and awaits the next client. The industry is based in London, and seeks le-
gitimacy through ISO 28007 certification.5 Some would like to see true privateers:
private naval vessels that could hunt and kill pirates. Americans will be pleased
to know that Congress is authorized to hire privateers under Article 1, Section 8,
of the U.S. Constitution, and this could prove more efficient than sending Arleigh
Burke–class destroyers after pirate zodiacs.
There are even mercenaries in cyberspace, called hack back companies. These
computer companies attack hackers, or “hack back” those who assail their client’s
networks. Hack back companies cannot undo the damage of a network breach, but
that is not the point. They serve as a deterrent. If hackers are choosing targets, and
they know that one company has a hack-back company behind it and the other
does not, they select the softer target. Also known as active defense, this practice
is currently illegal in many countries, including the United States, but some are
questioning this edict since the National Security Agency offers scant protection
for nongovernmental entities. For example, the WannaCry ransomware attack in
May 2017 infected more than 230,000 computers in over 150 countries. Victims
included the United Kingdom’s National Health Service, Spain’s Telefónica, Ger-
many’s Deutsche Bahn, and U.S. companies like Federal Express. If countries can-
not protect their people and organizations from cyber attack, then why not allow
them to protect themselves?
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Who Is a “Mercenary”?
There is no expert consensus on who exactly is a “mercenary.” Those in the
industry, their clients, and some outside experts spurn the “M” word owing to
the associated stigma, and give these private-sector fighters new labels: private
military contractors, private security companies, private military companies, pri-
vate security/military companies, private military firms, military service provid-
ers, operational contractors, and contingency contractors. Since the emergence of
this new warrior class in the 1990s, volumes of academic ink have been spilt on
differentiating them from mercenaries.
However, such labels are little more than euphemism. Expert definitions fail
to endure because they defy the obvious: If you have the skillsets to be a “private
military contractor,” then you can work as a “mercenary,” too. There is no shin-
ing line between these categories, and it all depends on the individual warrior’s
will and market circumstances. Academic typologies overcomplicate an already
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complex problem, helping no one. Accordingly, this analysis will use these myriad
labels interchangeably with “mercenary.”
In simplest terms, a mercenary is an armed civilian paid to do military opera-
tions in a foreign conflict zone. For example, civilians conducting direct actions
or training troops in foreign conflict zones are mercenaries because they are per-
forming uniquely military functions. Federal Express, a courier company, deliver-
ing a parcel to Kabul during the Afghanistan War is not a mercenary firm because
logistical supply is not an exclusively military task. Only privatized military tasks
earn the label “mercenary.”
There are five characteristics that distinguish mercenaries from soldiers and
armed nonstate actors, such as terrorists. First, they are motivated more by profit
than politics. This is not to suggest that all mercenaries disregard political interests
and serve merely at the whim of the highest bidder, but they are fundamentally
profit-maximizing entities. Second, they are structured as businesses, and some of
the large private military corporations have even been traded on Wall Street and
the London Stock Exchange, such as DynCorp International and Armor Group.
Third, they are expeditionary in nature, meaning they seek work in foreign lands
rather than provide domestic security services. There are exceptions to this, espe-
cially when it comes to homeland defense, but in general, mercenaries are foreign-
focused and are not domestic security guards. Fourth, they typically deploy force
in a military manner, as opposed to a law-enforcement one. The purpose of mili-
tary force is to violently defeat or deter the enemy, while law enforcement seeks to
de-escalate violent situations to maintain law and order. This intrinsically affects
how they operate. Fifth and most important, mercenaries are lethal and represent
the commodification of armed conflict. Soldiers and politically motivated armed
nonstate actors do not seek to marketize war and monetarily profit by it. There will
always be exceptions to these five features, but they serve as a good test of whether
an armed actor is a mercenary or not.
A person, company, or state that hires a mercenary does not change its status.
For example, some experts have argued that mercenaries employed by legitimate
states make mercenaries legitimate, too.6 This was a common claim during the Iraq
and Afghanistan wars, when the United States hired thousands of armed civilians
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to supplement troop levels. However, this is flawed thinking and the consequence
of selection bias. By this same logic, the Russian company Wagner Group would be
considered legitimate, yet few Western observers would probably agree. Clientele
do not change the nature of mercenary force.
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to repair one’s moat or commissioning an artist to paint portraits of one’s family. The
commodification of conflict resulted in a thriving market for force, as the services of
private armies or “free companies,” as they were known, went to the highest or most
powerful bidder. Contract warfare was common, and mercenaries were how wars
were waged.
Machiavelli also ignored inconvenient facts in his analysis, like the loyalty of
mercenaries. Sir John Hawkwood was one of the greatest mercenary captains of
the age. Hailing from England and a veteran of the Hundred Years’ War, he was
monogamous to Florence for over two decades, until his death in 1394. The city
honored his faithful service with a funerary monument in Florence’s famed cathe-
dral. Meanwhile, Machiavelli faded into obscurity. He is lionized today, thanks to
20th-century scholarship, but his views on mercenaries are spurious.
People view soldiers like wives and mercenaries as prostitutes, who turn love
into a transaction. But every soldier has a little mercenary in him, and vice versa.
Troops often reenlist for big bonuses, a transactional practice common in most
militaries. For example, the U.S. Army sometimes offers up to $90,000 for Soldiers
to reenlist, enough to make modern mercenaries salivate. The author has also seen
mercenaries refuse jobs on political grounds. Some American-hired guns will nev-
er take money from Russia, China, Iran, or a terrorist group; America’s enemies
are their enemies. The line between soldier and mercenary is fuzzy.
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forces is ruinously expensive, similar to owning a private jet versus buying a plane
ticket when you need it. Why invest in your own expensive standing army when
you could just rent one? This is why a vibrant market for force existed throughout
most of history, with today’s national armies as the exception. Put another way,
if you could go to war with 5,000 rented mercenaries or 1,000 owned soldiers,
what would you choose? Especially if your enemy had 5,000 mercenaries? Some,
like Machiavelli, chose their own soldiers, and were duly crushed. Most went with
mercenaries.
Mercenaries are everywhere in military history, starting with the Bible. The
Old Testament mentions hired warriors several times, and never with reproach.10
Everyone used them. There was King Shulgi of Ur’s army (reigned 2029–1982
BCE); Xenophon had a huge army of Greek mercenaries, known as the Ten Thou-
sand (401–399 BCE); and Carthage relied on mercenary armies in the Punic Wars
against Rome (264–146 BCE), including Hannibal’s 60,000-strong army, which
marched elephants over the Alps to attack Rome from the north. When Alexander
the Great invaded Asia in 334 BCE, his army included 5,000 foreign mercenaries,
and the Persian army he faced contained 10,000 Greeks. Rome used mercenaries
throughout its 1,000-year reign, and Julius Caesar was saved at Alesia by mounted
German mercenaries in his war against Vercingetorix in Gaul.
The Middle Ages were a mercenary heyday. Nearly half of William the Con-
queror’s army in the 11th century was made up of hired swords, as he could not
afford a large standing army and there were not enough nobles and knights to
accomplish the Norman conquest of England. King Henry II of England engaged
mercenaries to suppress the great rebellion of 1171–1174, because their loyalty lay
with their paymaster rather than with the ideals of the revolt. In Egypt and Syria,
the Mamluk sultanate (1250–1517) was a regime of mercenary slaves who had
been converted to Islam. From the late 10th to the early 15th centuries, Byzantine
emperors surrounded themselves with Norse mercenaries, the Varangian Guard,
who were known for their fierce loyalty, prowess with the battle axe, and ability to
swill vast tankards of brew.
Medieval Europe was a hot conflict market, and mercenaries were how
wars were fought. Kings, city states, wealthy families, the church—anyone rich
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enough—could hire an army to wage war for whatever reason they wanted: honor,
survival, god, theft, revenge, or amusement. Even Sir Thomas More, the great hu-
manist and author of Utopia, coining the word, advocated using mercenaries to
protect his utopian republic.
Popes even hired mercenaries, using them to obliterate enemies and purify
infidels. In 1209, Pope Innocent III launched a crusade against the Cathars, a he-
retical sect in Southern France, that would look like a war of terror today. When
his mostly mercenary army stormed the city of Béziers, both orthodox and hereti-
cal Christians fled into the church for sanctuary. The papal legate in charge, Arn-
aud Amalric, ordered the army to seal and burn it, allegedly saying, “Kill them all,
God will know his own.” The papacy still employs a Swiss guard, once a fearsome
mercenary unit but now part of the Swiss army, complete with halberds and tights.
All this led to a medieval world at war. There are uncanny parallels between
medieval mercenaries and modern ones. Back then, mercenaries were called con-
dottieri or “contractors” in old Italian, just like today. They organized into “free
companies,” now called private military companies, led by CEO-like captains who
managed profit and loss. Professional men of arms filled their ranks, coming from
different countries and united by a paycheck. They had a hierarchy of subcom-
manders and administrative machinery that oversaw the fair distribution of loot
according to an employee’s contract, or a “booty clause.” The medieval Free Com-
panies mirror the author’s own experiences 800 years later, minus the booty clause.
Warfare began to change in the 17th century, and mercenaries with it. Euro-
pean battles became increasingly violent as armies grew larger and weapons more
destructive. During the Thirty Years’ War (1618–1648), major battles typically
involved 50,000 combatants, the size of a small city. Armies were predominantly
made of mercenaries, and the concept of patriotism was unconnected to military
service.11 That would come later, with the rise of nationalism, Napoleonic warfare,
and conventional war.
To meet the rising demand for fighters, mercenaries became industrialized.
Clever military enterprisers outfitted whole regiments and leased them to those
in need of martial services—the first military industrial complex. These men were
not warriors but war oligarchs, such as Count Wallenstein, who became the richest
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man in Europe during the Thirty Years’ War. Later he was killed by his client, an
occupational hazard. Rental regiments allowed rulers to wage war on an industrial
scale without long-term administrative costs, like taking care of wounded veterans
or pensions, and this lowered the barrier to entry in war while encouraging ever-
larger battles. Mercenaries never had it so good, or civilians so bad.
Things began to change in 1648. The Peace of Westphalia ended the Thirty
Years’ War, one of the most destructive in European history and comparable to
World Wars I and II for Central Europe. Nearly a third of the populations of mod-
ern Germany and the Czech Republic were wiped out, and it took the region a
century to recover. Rogue mercenary units were to blame for much of it, and lead-
ers of all sides tacitly agreed to put the free market for force out of business by mo-
nopolizing it. That is, public armies should replace private ones, costs be damned.
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“And so,” Sacchetti adds, “he managed his affairs so well that there was little
peace in Italy in his times.”12
Machiavelli had a point that private warfare turns warriors into beasts and
citizens into cowards. Mercenaries not only start and expand wars for profit but
are also egged on by employers like Machiavelli’s Florence. The city was continu-
ously at war with someone: Pisa (1362–1364), the pope (1374–1375) and Milan
(1389–1390, 1399–1400, 1423–1424, and 1430). It takes both supply and demand
to grow a market, not just supply, as Machiavelli implies.
Out-of-work mercenaries also marauded between contracts, preying on the
countryside while artificially generating demand for their protection services.
This inevitably led to racketeering. An army of mercenaries would encircle a city
and demand a huge ransom in exchange for not sacking it. Desperate, the resi-
dents scavenged every last coin and treasure, handing it over to the extortionists.
“Thanks,” said the mercenary captain. “We’ll be back next year.” This was common,
and luckless Siena was obliged to buy its freedom 37 times between 1342 and 1399.
From this medieval din, one kind of political actor emerged as sheriff in
1648—states. Rogue mercenary units and the destruction of the Thirty Years’ War
proved too great, and state rulers began investing in their own standing armies,
loyal only to them. Mercenaries could existentially threaten states, so they were
outlawed. So powerful was this taboo against mercenarism that it still haunts us
today, as evidenced by reactions to the Nisour versus Haditha killings.
Over time, states monopolized the market for force with their national armies,
and this created another opportunity: domination. Their old nonstate rivals were
defenseless, without access to mercenaries or a standing army of their own. Old
medieval powerhouses such as the church, city-states like Florence, and elite aris-
tocratic families had no choice but kowtow to state rulers. Without mercenaries,
nonstate actors had no way to challenge state ascendancy.
The relationship between force, power, and world order is stark. Those who
control the means of violence get to make the rules that others must follow, or
die. The consolidation of state power was gradual, spanning 2 centuries, and gave
rise to a world order that should look familiar to readers. Sometimes called the
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they were multinational corporations, such as the medieval Free Companies, and
some were even traded on Wall Street. Their reappearance signals the decline of the
Westphalian Order and a slow return to the disorder of the age before.
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Few realize that most of the contractors who fight in U.S. wars are not even
American. To keep costs down, military companies hire personnel from the de-
veloping world where military labor is cheap, making these firms densely interna-
tional. According to a Department of Defense (DOD) report, nearly 50,000 con-
tractors worked for U.S. Central Command in 2018. Of these, only 20,000 were
American. Most of these contractors were unarmed and performing nonmilitary
jobs, therefore not mercenaries. There were 2,002 armed contractors, 746 of whom
were Americans and 1,256 whom were foreigners.26
When I was in the industry, I worked alongside ex–special forces troops from
places like the Philippines, Colombia, and South Africa. We did the same mis-
sions, but they got developing world wages and I did not. Mercenaries are just
like T-shirts; they are cheaper in developing countries. Call it the globalization of
private force. What is significant for the future of the industry is that these foreign-
ers have gained valuable trade knowledge that can be exported around the world,
in search of new clients once the United States does not renew its contract. This
spreads mercenarism.
U.S. outsourcing of security has normalized the market for force, inspir-
ing warlords and other conflict entrepreneurs to start their own private military
companies. Today, most of the private military companies operating in Iraq and
Afghanistan are local and less picky than their U.S. counterparts about whom
they work for and what they do. The United States is partly to blame. For ex-
ample, take its “Host Nation Trucking” contract in 2010. Under this $2.16 billion
contract, the U.S. Army hired eight civilian trucking firms to transport supplies
to bases in Afghanistan, and also required the companies to provide their own
security. In some ways this arrangement worked well; it effectively supplied most
U.S. combat outposts across difficult and hostile terrain while only rarely needing
the assistance of U.S. troops. However, a U.S. congressional investigation revealed
that most of the prime contractors hired local Afghan private military companies
for armed protection of the trucking convoys. The congressional report, titled
Warlord, Inc., found that
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Like the medieval market for force, the report concludes that these indigenous
“private armies” fuel warlordism, extortion, corruption, and likely collaboration
with the enemy. It determined that “the logistics contract has an outsized strategic
impact on U.S. objectives in Afghanistan.”28
That same year a U.S. Senate report confirmed the localization of the indus-
try. In a comprehensive investigation into private military companies, the Senate
discovered that the industry was going native or, as one observer explained, “What
used to be called warlord militias are now Private Security Companies.”29 American
and British private military companies unwittingly produced the native industry by
creating local subcontractors that went into business for themselves. For example,
the British firm ArmorGroup subcontracted two Afghan security companies that
it called “Mr. White” and “Mr. Pink” to provide a guard force. The Senate investi-
gation found evidence that they were linked to murder, kidnapping, bribery, and
anti-coalition activities, and concluded that the “proliferation of private security
personnel in Afghanistan is inconsistent with the counterinsurgency strategy.”30
Problematically, the only local organizations in conflict-affected states capa-
ble of providing private security are warlords, militias, and insurgents who swell
the ranks of the marketplace. Bagram Air Base, a strategic U.S. military facility
in Afghanistan, employed a local security company run by Asil Khan, a former
commander in the Northern Alliance, a guerrilla fighting force. The Afghanistan
company Navin also supplied a guard force of 500 men and armed convoy escorts
to the air base and is owned by former mujahideen commander Lutfullah. A now-
defunct American company called U.S. Protection and Investigations partnered
with Northern Alliance military commanders like General Din Mohammad Jurat
to provide protection to former militia members. Other examples of indigenous
Afghan paramilitary firms include Watan Risk Management, Kandahar Security
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and does not include those paid by other government agencies. For example,
Blackwater was on a State Department contract during the Nisour Square inci-
dent. The total amount the United States paid for private security is unknown, and
even Congress does not know despite the fact that it writes the checks.
Contracting is now part of the American way of war. It is one of the few issues
in Washington that enjoys true bipartisan support, as Republican and Democratic
White Houses rely on military contractors more and more, perhaps for the wrong
reasons. The implications are significant, especially for civil-military relations and
democratic control of the armed forces, since using contractors may allow the
executive branch to circumnavigate congressional oversight. Additionally, the
United States has grown strategically dependent on the private sector to sustain
wars, creating vulnerabilities that a clever adversary could exploit.
Market Globalization
Heavy U.S. reliance on military contractors has catalyzed the international
mercenary trade, with supply and demand diversifying and expanding in chilling
ways. On the supply side, the United States has marshaled a global labor pool of
mercenaries. Thousands of mercenaries got their start in Iraq or Afghanistan, and
when those wars shrank, they set out looking for new conflict markets (that is, war
zones) around the world, enlarging the wars there. The wars in Iraq and Afghani-
stan allowed the private military industry to mature, with networks of mercenaries
established and some modicum of best practices. Others are imitating the Ameri-
can model, and every day new private military groups emerge from countries like
Russia, Uganda, Iraq, Afghanistan, and Colombia. Their services are more robust
than Blackwater, offering greater combat power and the willingness to work for the
highest bidder with scant regard for human rights. They are mercenary in every
sense of the word.
On the demand side, the United States has de facto legitimized mercenaries
by using them so heavily. Can the United States really tell Russia not to use private
military troops in Syria? No, it cannot. New consumers are appearing everywhere,
seeking security in an insecure world: oil and mining companies guarding their
drill sites against militias, shipping lines defending their vessels against pirates,
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at 4,647. By 2017, that number creeped to 9,800 troops, supported by more than
26,000 contractors—nearly a 3 to 1 ratio.34 Contractors enable mission creep by
allowing DOD to “do more with less,” although it erodes civilian control of the
military.
Plausible deniability is another reason why the industry is flourishing. When
a job is too politically risky, contractors are sometimes used because they can be
disavowed if the mission fails. Not so with the CIA or military. Special operations
forces and CIA operatives do not get left behind, and this can be embarrassing
for a nation caught running covert operations. Contractors can be abandoned
with minimal political fallout. Americans do not fuss over contractor casualties,
unlike dead Marines. Tellingly, Senator Obama sponsored a bill in 2007 to make
armed contractors more accountable, a bill that President Obama later ignored.35
Russia uses mercenaries like the Wagner Group in Ukraine and Syria while deny-
ing involvement in those countries. Nigeria initially repudiated media reports of
them employing mercenaries against Boko Haram, until it became too difficult
to deny. Contractors are invisible people, making them a stealth weapon in more
ways than one.
Contractors are also cheaper, just as they have been for thousands of years.
The Congressional Budget Office, a nonpartisan Federal agency that provides bud-
get and economic information to Congress, found that an infantry battalion at
war costs $110 million a year, while a comparable private military unit totals $99
million. In peacetime, the costs savings are even greater; the infantry unit costs
$60 million, and the contractors cost nothing since their contract would be termi-
nated.36 From 1995 to 1997, Executive Outcomes was paid $1.2 million a month
to put down a rebellion in Sierra Leone—which it did—whereas UN forces swal-
lowed up $47 million a month doing nothing.37 Renting is cheaper than owning,
and business excels at efficiency compared to the public sector.
The cost of these savings may come at a high price. Mercenaries are not like
army reservists, to be used only when you need them. Military contractors do not
reintegrate into the civilian workforce after a war but instead look for new em-
ployers because they are profit-maximizing entities. Worse, linking profit motive
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with killing encourages more war and suffering, making another Nisour Square
incident inevitable.
There are many reasons why private military contractors are a growth indus-
try, but most of them are dubious. The U.S. national security establishment dis-
misses the issue, but the trend is clear. Forty years ago, the idea of using armed
contractors was anathema to policymakers. Now it is routine. This is not a Demo-
cratic versus Republican issue, but an American one. Since the 1990s, Presidents
of both parties have used military contractors. More disturbing, others around
the world are imitating this model, and it is evolving into a global free market for
force.
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Being a military contractor has its practical appeals, too. A lot of American
troops were deployed multiple times to Iraq and Afghanistan. Meanwhile, their
home life was imploding: wife living with another man and filing for divorce, kids
not recognizing their dad, personal bankruptcy, and post-traumatic stress disor-
der. Rates of suicide, divorce, and domestic violence spiked among Servicemem-
bers during the Iraq and Afghanistan wars.38 If a soldier refuses to go on deploy-
ment, he is court martialed. By contrast, a contractor can always say “no thanks”
to a job. A lot of American contractors I met signed up because they wanted their
life back.
Almost all mercenaries have military or national police backgrounds. There
are no mercenary basic training camps, so everyone starts somewhere else, usu-
ally in a national army. Some of the larger military companies are associated with
particular military units. In the U.S. market, for example, MPRI was mostly 82nd
Airborne Division vets back in the 1990s and early 2000s, until it was bought by
L-3. Triple Canopy was founded by ex–Delta Force Soldiers, and its name refers to
the U.S. Army’s three elite tabs—Special Forces, Ranger, and Airborne—worn on
the uniform’s left sleeve, signaling a super elite Soldier. Troops joke they look like
three parachute canopies, one above the other, hence the moniker “triple canopy.”
Blackwater was founded by former Navy SEALs and the name refers to covert un-
derwater missions at night, nicknamed “blackwater” operations because there is
zero visibility. A lot of military firms embed dog whistles to signal their credentials
to attract high-end troops.
The author has never met or heard of a female mercenary.
A dangerous trend is occurring in today’s market for force—it is bifurcat-
ing. Modern soldiers of fortune have a choice between overt or covert mercenary
groups, and it is uncertain which one will dominate. This is important because it
may influence future war, specifically who, how, and why people fight.
Overt private warriors seek legitimacy and wish to work in the open. They
rebuff the mercenary label and call themselves private security companies, ad-
vocating full transparency and accountability according to the International Or-
ganization for Standardization (ISO) 28007 and ISO 1878839 business standards.
Examples include companies like Hart Security, Janus Global Operations, Olive
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dark side. Customers can pool their market power, like a cartel, to enforce their
best practices. This would shape the industry in fundamental ways, but this op-
portunity is fading.
The covert side of the market for force is far more dangerous. Mercenaries
are hired for plausible deniability and therefore operate in the shadows. Few know
the identity of the mercenaries operating in Syria, Ukraine, Nigeria, Yemen, and
elsewhere. Fewer still know who exactly retained them and what they paid. Under-
ground soldiers of fortune are employed for many reasons. Some consumers, like
oil companies, want mercenaries because they have no security forces of their own
and renting them may be preferable to relying on corrupt and incompetent host
nation forces. Others, like Nigeria, have security forces but need a niche capability,
such as Mil Mi-24 Hind attack helicopters or special operations forces teams. Still,
others hire mercenaries to do things they do not want their own people doing, like
human rights abuse. Historically, plausible deniability has always been a strong
selling point of soldiers for hire.
How do you hire mercenaries? Overt actors seek public channels, such as their
Web site and Internet job sites. Covert operations are a word-of-mouth business.
Mercenaries form informal networks of shared military background, contacts,
cultural identity, language, and so forth. When you make a deal with a client and
initiate an operation, you recruit by tapping your network. Trusted colleagues also
recruit and vouch for their hires. Contrary to Hollywood depictions, reputation
is the primary currency in the mercenary world, with money second. Those who
forget this get burned. In 2004, mercenaries attempted a takeover of oil-rich Equa-
torial Guinea. Known as the Wonga Coup, it failed because of poor operational
security. An individual recruited for the coup told South African, British, and
American authorities of the plan, leading to the arrest of most of the mercenaries.
A key problem in a word-of-mouth business are charlatans, and the merce-
nary world has many. Good recruiters can spot them with a few qualifying ques-
tions, such as: What unit were you in? What years? Who was your commander?
What operations did you conduct? Did you know Sergeant Bill Smith? What was
he like? Also, detailed questions about training works well. For example, if some-
one claims they graduated from the U.S. Army’s Jungle Warfare School, having
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them describe what they did on a day-to-day basis easily separates the frauds from
the qualified. You cannot fake it. However, this method does not scale well for
large recruitment drives.
There are two ways to find work as a covert mercenary. When you make a deal
with a client and initiate an operation, you first recruit by tapping your network.
Mercenaries form informal networks based on shared military background, con-
tacts, cultural identity, language, and so forth. There are five major mercenary net-
works today: the United States, the United Kingdom, the former Soviet republics,
Latin American special operations forces, and the Executive Outcomes “alumnae”
network in Africa. China has a small market share but could dominate the indus-
try by sheer numbers should it grow into an active network.
Alternatively, a lone soldier of fortune could show up at a conflict market (war
zone) and look for vacancies. Places like the Middle East, Sub-Saharan Africa,
and Afghanistan are typical. Some hope Latin America might open up, given the
drug wars, or the UN might hire peacekeepers. Unfortunately, the UN suffers a
bad reputation as a delinquent payer. Known mercenary hangouts include Irbil,
Kampala, Abu Dhabi, and Dubai. However, this can be a dodgy way to find work.
It is better to be pulled into a contract by a trusted associate than submitting to
happenstance. Worse, you could be mistaken for a journalist going undercover for
a story. Covert mercenaries hug the darkness and may thump those who threaten
to expose them. Conflict areas are not known for their rule of law, and few ask
about people who disappear.
Outside observers often assume mercenaries get paid huge sums of money.
This is inaccurate. Overt actors pay less than covert ones but offer steadier work.
During the Iraq War, contractors typically made about twice their old military
salary, which is not much if you think about the risks. For example, wounded
contractors get immediate first aid but are otherwise sent home to fend for them-
selves. Nor do contractors enjoy retirement or veteran benefits. The money on the
covert side is bigger, but so are the risks. An elite mercenary can earn four figures a
week—usually in U.S. dollars, typically through the British Virgin Islands or other
places with strong bank secrecy laws and weak extradition practices. There are
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rumors that ex-SEALs can make up to $10,000 a day working for Abu Dhabi on
Yemeni issues; if this is true, it is exceptional.
One of the oldest problems of the trade is contract enforcement. In other
words, getting paid. There are no courts to sue in, and consequently mercenaries
and their masters swindle each other. The Middle Ages and early Renaissance were
full of such scandal, as Machiavelli attests. Today, some mercenaries and clients
overcome the problem of trust by forming joint ventures in mutual business inter-
ests. This may sound odd but it aligns their profit motives. For example, Executive
Outcomes secured diamond mines from a rebel group in Sierra Leone and was
paid in cash and shares in the mines’ profits. More recently, the Syrian government
offered oil and mining concessions to Russian oil companies and their mercenar-
ies, such as Wagner Group, on the condition that they liberate them from IS. Go-
ing into business together creates a sticky bond that helps guarantee good behavior
all around.
In truth, the distance between overt and covert actors is minimal: If you can
do one, then you can do the other. The qualifications are similar and the core per-
sonnel swappable. The main difference between them is the nature of contract and
market circumstances. Today’s mercenaries offer a plethora of skillsets, but they all
provide a few basic services:
a new one. The author honed Burundi’s elite Presidential Guard and helped build
Liberia’s military “from scratch.” This required buying and shipping arms from
Eastern Europe. Training and equipping are staples of today’s military industry.
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nied area, to gain information or “ground truth.” Sometimes this is the only way to
learn what is actually happening. Examples include verifying an asset like a copper
mine exists, profiling an opposition group, or probing someone’s defenses. Here,
overt and covert actors differ. Overt companies will avoid violating the law and
will not conceal their identity if caught, making their services anemic. Covert ac-
tors will infiltrate hostile territory under false pretenses, may violate the law, and
will conduct necessary clandestine actions to achieve the mission.
◆◆ Direct Action. These are offensive military operations and only covert op-
erators conduct such missions. This includes search and destroy missions, seizing
denied assets by force, capturing specified people, rescuing friendlies in hostile
territory, ambushing a target, or raiding an adversary’s territory. People die.
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corruption is endemic. Insurance companies use them for political risk analysis,
especially regarding foreign country stability, nationalization of client assets, and
likelihood of armed conflict. Law firms retain them for litigation support, and the
super wealthy hire them for whatever they want. They are sometimes hired to spy
on competitors and perform dirty tricks. Governments are the one client this in-
dustry will refuse. Private intelligence companies support commercial diplomacy
that minimizes official involvement, and accepting government contracts would
cost them private-sector customers.
In terms of staff, most private intelligence agencies are small. Many are found-
ed by ex-spooks, but their core staff often includes former journalists, FBI inves-
tigators, corporate lawyers, ex-military, and fresh college graduates. Beyond this,
they rely on a global network of subcontractors, or “stringers,” for project work.
Stringers can range from a retired CIA chief of station to an overseas journalist
to a street urchin. Fees are expensive; a monthly retainer will cost you four to five
figures and sometimes more, not including expenses. Due to the sensitivity of their
work, these firms only deal with the C-Suite (for example, a CEO or COO), the
general counsel’s office, and sometimes corporate security. The industry is based
in New York City, London, and Washington, DC.
What private intelligence companies can accomplish is impressive and dis-
turbing in equal measure. Like military companies, private intelligence firms
shroud their offerings in euphemisms such as competitive intelligence, risk con-
sulting, security management, strategic advisory services, exotic due diligence,
and risk avoidance. What they really do is asset tracing and recovery, interna-
tional investigations, threat assessment, facilitation or cut-out services, corporate
espionage, and “shaping operations”—manipulating situations in favor of client
interests. Needless to say, these firms operate in the moral and legal gray areas of
world affairs, similar to mercenaries. Perhaps this is one of the gravitational pulls
between the two industries.
What little the public knows about private intelligence comes from their fail-
ures, which often makes national news. While not the best metric of success, it
does provide insight into what these firms do:
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◆◆ Opposition Research. As the saying goes, keep your friends close and your
enemies closer. That is what Shell and BP did with Greenpeace, an activist environ-
mental group that opposes big oil. They hired Hackluyt & Company to infiltrate
Greenpeace, which it did by sending in an undercover agent posing as a left-wing
filmmaker to uncover secret plans Greenpeace was making against the oil compa-
nies. Undercover personnel can also act as agents of influence to change the minds
of key leaders through subtle persuasion and disinformation. It is not just activist
groups, either. These companies can infiltrate political parties, labor unions, rival
companies, and governments. To a limited extent, they can even get inside armed
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fall in 2017, when more than 80 women accused him of rape, sexual assault, and
sexual abuse over a period of 30 years. One of Weinstein’s attorneys, David Boies,
hired an Israeli private intelligence firm called Black Cube to halt the publication
of sexual-misconduct allegations against Weinstein. Black Cube operatives used
false identities to “get dirt” on accusers and reporters in order to bully them into
silence. Similarly, someone hired Black Cube to disgrace the Iran nuclear deal in
American politics. The firm’s agents were instructed to find damaging information
on officials in the Obama White House who helped negotiate the deal, including
unsubstantiated claims that they worked closely with Iran lobbyists for personal
profit. However, both projects backfired and made headline news. Black Cube now
has its own Wikipedia page, a deathblow in the private intelligence industry.
These are the failures of private intelligence; their successes are impressive
and terrifying. Expect both the mercenary and private intelligence industries to
grow commensurately with wealthy nonstate actors in the coming decades. The
global 1 percent is evolving into a new class of world power as military and in-
telligence capabilities are privatized and available in the marketplace. These twin
industries allow Fortune magazine’s “Fortune 500” and Forbes’s “The World’s Bil-
lionaires” to become armed and dangerous. Already they are more powerful than
most states. Can anyone really argue that Gabon is more influential in world affairs
than ExxonMobil simply because it is a state? Now ExxonMobil can have its own
intelligence service and army too, making it even more powerful. This introduces
the possibility of wars without states—private wars—a concept inconceivable to
most national security leaders. This is the danger. You cannot win wars you do not
understand.
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souk is an Arab open market, and it is a good analogy for how private wars work.
In a souk, everything is up for sale and must be bartered. Anything goes. Fraud,
deception, deceit, and hard bargaining are the watchwords. But so are value, rare
finds, and exotic merchandise. Treasures are to be had, and for cheap—if one
knows what one is doing. If not, expect to be scammed; this unregulated space is
not for amateurs. There are no refunds, returns, or exchanges. Only street savvy
buyers should engage and the best advice is also the oldest: caveat emptor, Latin
for “let the buyer beware.” In the context of war, the implications are grave, as
Machiavelli warns us.
Privatizing war changes warfare in dangerous ways. First, private war has its
own logic: Clausewitz meets Adam Smith, the father of economics. For-profit war-
riors are not bound by political considerations or patriotism, one of their chief
selling points. They are market actors and their main restraint is not the laws of
war but the laws of economics. The implications of this are far-reaching. This in-
troduces new strategic possibilities known to CEOs but alien to generals, putting
us at risk.
Second, private war lowers the barriers to entry for war. Mercenaries allow
clients to fight without having their own blood on the gambling table, and this
creates moral hazard among consumers. Mercenaries are rented forces, and clients
may be more carefree about going to war if their people do not have to bleed. Mer-
cenary leaders might not care either if they do not have to fight themselves and
instead order others into combat. Private warriors are expendable humans, and
this emboldens recklessness that could start and elongate wars.
Third, private war breeds war. It is simple supply and demand as mercenar-
ies and their masters feed off each other. The marketplace works like any other:
Mercenaries and clients seek each other out, negotiate prices, and wage war for
private gain. This prompts other buyers to do the same in self-defense. As soldiers
of fortune flood the market, the price for their services drops and new buyers hire
them for additional private wars. This cycle continues until the region is swamped
in conflict, as it was in Machiavelli’s day.
Private war’s inclination toward intensification is a result of its economic na-
ture. Clausewitz observed that the nature of absolute war is escalation; privatized
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warfare exemplifies this because it is fueled by the profit motive. On the supply
side, mercenaries do not want to work themselves out of a job. Instead, they are
incentivized to start and elongate conflicts for profit. Out-of-work mercenaries
become marauders, preying on the countryside for sustenance and artificially
generating demand for their services. Sometimes they engage in racketeering and
extortion of the defenseless. There is abundant historical evidence for this. “We
find that our [mercenary] forces have cost the country a great deal and done much
wanton damage,” declared one ruler during the Thirty Years’ War. “The enemy
could not have done worse.”41
On the demand side, the availability of mercenaries means buyers who had
not previously contemplated military action can now do so. The world has already
seen multinational corporations, governments, and millionaires hire mercenaries
in the past decade; that was not the case two decades ago. The availability of private
force lowers the barriers of entry into armed conflict for those who can afford it,
tempting even more war.
Fourth, private war creates a security dilemma. In such a dangerous environ-
ment buyers retain mercenaries for purely defensive purposes, but this can back-
fire. Other buyers watch this and suspect the worst, namely a surprise attack, and
procure twice as many mercenaries for protection. This prompts the first buyer,
who also assumes the worst, to buy even more mercenaries, and soon an arms
race ensues. The danger is when all sides escalate and they unleash their forces.
This lateral escalation creates a security dilemma because people who do not wish
to fight end up doing so anyway. More belligerents are possible in private wars
compared to public ones, and therefore there is more chance of this happening.
Fifth, weak contract enforcement and double-crossing is the bane of private
warfare. When mercenaries and their masters have a dispute, there are no courts
of law to sue for breach of contract. Instead, things are settled by blood and treach-
ery. Greedy mercenaries may wish to traitorously renegotiate their contract with
violence, steal their client’s property, or accept bribes from the client’s enemies not
to fight. Buyers who do not pay their bills may become victims of their own mer-
cenaries unless they hire a bigger mercenary outfit to chase them off. But this also
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invites bigger problems. Since there are no laws of war in private warfare, market
failure in this context means savagery.
Wars without states is the antithesis of conventional warfare and why modern
militaries are unprepared for it. To them, private war is an oxymoron—a dan-
gerously naïve assumption. Private warfare has been with us for millennia, even
though it is forgotten by modern strategists. In a free market for force, business
strategies meld with military ones. In other words, private wars are driven less by
politics than by political economy. Owing to this nuance, the conventional strate-
gic thinker will have problems identifying private wars, much less devising strate-
gies to defeat them.
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The Italian Wars teach us that cunning and deception are the watchwords
of private warfare, therefore lending itself more to Sun Tzu than Clausewitz. A
full historical analysis of the Italian Wars is beyond the scope of this study, but
key points can be gleaned.42 Below are unique ways to win private wars, divided
between buyers (demand side) and force providers (supply side). The marketplace
demands an asymmetry of strategy.
Buyers have ample opportunity to swindle mercenaries. Marketplace strata-
gems include: bribing the enemy’s mercenaries to defect, retaining all mercenaries
in the area to deny the enemy a defense, and reneging on paying mercenaries once
they complete the military campaign. Sometimes, clients hired a larger mercenary
group on a short-term contract to chase off or kill unpaid mercenaries.
Wealthy clients can also wield market power to change the winds of war. For
example, they can buy all the mercenaries available in a region, driving prices up,
then dump them on the market, driving prices down and creating mayhem for
enemies who are dependent on hired guns for survival. Rich actors can bankrupt
adversaries by stoking a mercenary arms race or outspending rivals in a war of at-
trition. Mercenaries have a bigger recruiting pool than national armies, which are
limited to their country’s citizenry. The mercenary labor pool is global, allowing
longer wars of attrition.
Mercenaries enable strategies of cunning and deception. Clients can hire
them as agent provocateurs, drawing rivals into wars of the client’s choosing.
Mercenaries are well-adapted for covert actions and “zero footprint” operations,
maximizing plausible deniability for the client. This is useful for conducting wars
of atrocity: torture, assassination, intimidation operations, terrorism, civilian
massacres, high collateral damage missions, ethnic cleansing, and genocide. Some
clients might prefer to outsource human rights violations rather than have their
troops caught in the act.
Similarly, clients might hire the private sector for “false flag” operations—for
instance, secretly hire mercenaries to instigate a war between one’s enemies, re-
ducing them while keeping the client’s name out of it. Alternately, one can hire
mercenaries for mimicry operations to frame enemies for massacres, terrorism,
and other atrocities that provoke a backlash.
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An Unstoppable Trend
Mercenaries are back, with nothing to impede their growth. To date, Washing-
ton has ignored this trend—a dangerous oversight. Mercenaries may not directly
threaten the U.S. homeland, but they can challenge American allies and interests
across the globe. Annihilating them is a losing strategy. You can kill individuals but
not the market conditions that give rise to mercenarism in the first place. Trying to
kill your way out of this problem is playing Whac-A-Mole for mercenaries. Unfor-
tunately, other approaches are equally problematic.
The market for force cannot be regulated because mercenaries can kill law
enforcement. International public law is feeble and difficult to enforce. One famed
legal scholar called it the “vanishing point of law,” since it is followed by courtesy
rather than compellence.43 This is especially true with the Law of Armed Conflict.
There is no international judiciary, police force, or prisons so there is little conse-
quence for violating the law. Just ask Vladimir Putin, who stole Crimea. Who is
going to enter Ukraine and Syria to arrest all those mercenaries? The 82nd Airborne
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Division? UN Blue Helmets? Unlikely. Besides, if they did, the mercenaries would
probably shoot back.
Some believe accountability can be maintained if Washington places military
contractors under the Uniform Code of Military Justice. However, this solves little.
First, it does not apply to the bulk of mercenaries today, who are not on a U.S. con-
tract. Second, for those hired by Washington, the solution is impractical. Take, for
example, the issue of jurisdiction. What happens if a Colombian private military
contractor kills an Afghan family while on an American contract? Does he go
to trial in Afghanistan, the United States, Colombia, or nowhere? No one really
knows, and a good labor lawyer could probably shred the case in minutes.
Others recommend that the international community hold mercenaries’
clients accountable and sue them. This could disincentivize hiring mercenaries
and diminish the industry. However, this too has its problems. It is not clear that
adequate laws exist around the world for this approach. Even if they did, many
buyers in the market for force are states like Russia, Nigeria, and the United Arab
Emirates. It would be difficult to sue them and achieve meaningful consequences.
Nonstate actors are trickier. If you press them too hard they will move offshore,
beyond the reach of the law. Big corporations already do this to evade taxes.
Some think the answer is self-regulation, such as the ICOCA. While a noble
effort, it does not apply to covert mercenary actors who are the major threat to
international order. They dwell in the shadows and would never sign up to a public
registry. It is also questionable whether self-regulation curbs bad behavior among
overt actors since a voluntary code of conduct is not a regulation; it is like being a
member of a club. The worse that can happen to those caught violating the code
is being kicked out of the ICOCA. Such costs are not high enough to bring bad
actors to heel.
Some suggest market mechanisms to shape industry behavior. Super-buyers
can use their market power to establish “rules of the road” by rewarding good force
providers with lucrative contracts while driving the rest out of business. Who is
a super-buyer? The United States was during the Iraq and Afghanistan wars, and
the UN could be if it privatizes peacekeeping. However, the United States did not
do this and the UN probably will not either. Alternatively, a cartel of buyers could
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accomplish it, but cartels are tough to maintain because defection is cheap while
holding fast is expensive. Or the world could achieve what states did after 1648
and slowly monopolize the market. For this to work, all countries would have to
pool their resources to abolish mercenarism in a unified front for decades to come.
World peace might be easier.
Unfortunately, mercenaries are here to stay. Those who think the private mili-
tary industry can be safely ignored, regulated, or categorically banned are too late.
After 150 years underground, the market for force has returned in just two decades
and it is growing at an alarming rate. As the market expands, security will become
a good investment and fuel the marketplace in a self-feeding loop. New consumers
will seek security in an increasingly insecure world and new mercenaries will pop
up to meet their demand. Expect future conflict markets in the usual global hot
spots. However, introducing an industry vested in conflict into the most conflict-
prone places on Earth is vexing since it exacerbates war and misery.
The re-emergence of mercenaries is one of the most dangerous trends of our
time, yet it is invisible to most observers. That is by design. The implications of a
resurrected market for force in world affairs are substantial. Offering the means of
war to anyone who can afford it will transform warfare and the future of war. If
money can buy firepower, then large corporations and the super-rich will become
a new kind of superpower. This will rewrite the rules of global order, not seen since
1648. Who, how, and why people fight will change, and there will be wars without
states, accelerating global chaos. Like the issue of terrorism in the 1990s, we need
to boost our strategic IQ on private warfare or suffer a strategic surprise.
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Acknowledgments
The author is grateful to the College of International Security Affairs at the
National Defense University for granting him time to complete the research and
writing of this monograph. He is also appreciative for the Minerva grant from the
Department of Defense that helped support this work. Lastly, he is indebted to the
advice and fellowship of the Changing Character of War Program at the Univer-
sity of Oxford. Special insight was gleaned from primary sources at Codrington
Library in All Souls College, Oxford, and the state archives of Florence, Italy.
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Notes
1
Thomas Gibbons-Neff, “How a 4-Hour Battle Between Russian Mercenaries and
U.S. Commandoes Unfolded in Syria,” New York Times, May 24, 2018, available at <www.
nytimes.com/2018/05/24/world/middleeast/american-commandos-russian-mercenaries-
syria.html>; “U.S. Forces Deploy to Conoco Gas Plant in Anticipation of Iranian Ad-
vance,” Alsouria Net, February 18, 2018, available at <http://syrianobserver.com/EN/
News/33850/U_S_Forces_Deploy_Conoco_Gas_Plant_Anticipation_Iranian_Advance>.
2
A notable exception is the Private Security Monitor project at the Sié Chéou-Kang
Center for International Security and Diplomacy at the University of Denver’s Josef Korbel
School of International Studies. The project is under the direction of Deborah Avant, a
longtime expert in this issue. Details are available at <http://psm.du.edu/index.html>.
3
To accomplish this, the United Nations (UN) would have to establish a licensing
and registration regime that all industry members must observe in order to prequalify for
contracts with the organization. This would entail clear standards and policies regulat-
ing all industry activities plus clear mechanisms of oversight and accountability. At a
minimum, this regime should include the following elements: registration criteria, ethical
code of conduct, employee vetting standards, mechanisms of transparency and account-
ability, permissible clients (that is, sanctioned by the UN Security Council), training and
safety standards, contractual standards, and compliance enforcement mechanisms such
as audits. Contract instruments must be in place to ensure swift deployment of private
military companies should a humanitarian catastrophe arise. It would be impermissible to
lose a key advantage of the private sector’s rapid response and surge capacity to bureau-
cratic dithering.
4
Harvey Morris, “Activists Turn to Blackwater for Darfur Help,” Financial Times, June
18, 2008, available at <www.ft.com/content/4699eda6-3d65-11dd-bbb5-0000779fd2ac>.
5
International Organization for Standardization (ISO) 28007-1:2015, Ships and
Marine Technology: Guidelines for Private Maritime Security Companies (PMSC) Providing
Privately Contracted Armed Security Personnel (PCASP) on Board Ships (and Pro Forma
Contract) (Geneva: ISO, April 1, 2015).
6
For more on this, see Heather Elms and Robert A. Phillips, “Private Security Com-
panies and Institutional Legitimacy: Corporate and Stakeholder Responsibility,” Business
Ethics Quarterly 19, no. 3 (2009), 403–432; Deborah D. Avant, “Pragmatic Networks and
Transnational Governance of Private Military and Security Services,” International Studies
Quarterly 60, no. 2 (2016), 330–342; Andreas Kruck, “Theorising the Use of Private Mili-
tary and Security Companies: A Synthetic Perspective,” Journal of International Relations
and Development 17, no. 1 (2014), 112–141; and James Pattison, The Morality of Private
War: The Challenge of Private Military and Security Companies (Oxford: Oxford University
Press, 2014).
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7
“Excerpts from Army Maj. Gen. Eldon A. Bargewell’s Report,” Washington Post,
April 21, 2007.
8
Niccolò Machiavelli, The Prince and Other Works, trans. Allan H. Gilbert (New
York: Hendricks House, 1964), 131.
9
I am grateful to the Archivio di Stato di Firenze for their research support. On
scholarly critique regarding Machiavelli, see Quentin Skinner, Machiavelli: A Very Short
Introduction (Oxford: Oxford University Press, 2000), 36–37; Christopher Coker, Barba-
rous Philosophers: Reflections on the Nature of War from Heraclitus to Heisenberg (New
York: Columbia University Press, 2010), 139–151; James Jay Carafano, Private Sector, Pub-
lic Wars: Contractors in Combat—Afghanistan, Iraq, and Future Conflicts (Westport, CT:
Praeger Security International, 2008), 19; Sarah Percy, Mercenaries: The History of a Norm
in International Relations (New York: Oxford University Press, 2007).
10
See Jeremiah 46:20–21; 2 Samuel 10:6; 1 Chronicles 19:7; 2 Kings 11:4; 2 Chronicles
25:6; 2 Kings 7:6–7; 2 Samuel 10:6; 1 Chronicles 19:6–7; and 2 Chronicles 25:5–6.
11
Examples of big battles include White Mountain (1620), Breitenfeld (1631), Lützen
(1632), Nördlingen (1634), Wittstock (1636), and Rocroi (1643). Armies consisted mostly
of foreign mercenaries. For example, the majority of Sweden’s military was mercenary,
a significant number given that Sweden was a military superpower at the time and King
Gustavus Adolphus was one of the great innovators of maneuver warfare. At the Battle
of Breitenfeld, only 20 percent of Sweden’s army consisted of Swedes, and at the Battle of
Lutzen the figure was 18 percent. This was typical of the time. See Geoffrey Parker, Europe
in Crisis, 1598–1648 (Oxford: Wiley-Blackwell, 2001), 17.
12
Franco Sacchetti, Il Trecentonovelle, novella CLXXXI (Torino: Einaudi, 1970), 528–
529. For more on this period, see William Caferro, John Hawkwood: An English Mercenary
in Fourteenth-Century Italy (Baltimore, MD: Johns Hopkins University Press, 2006).
13
For instance, in 1919 the eminent German sociologist Max Weber defined the state
as “a human community that (successfully) claims the monopoly of the legitimate use of
physical force within a given territory.” This definition remains widely used today, and
states that cannot maintain a monopoly of force and endure civil war or frequent violent
crime are routinely described as “weak,” “fragile,” or “failed” states. See H.H. Gerth and
C. Wright Mills, eds., From Max Weber: Essays in Sociology (London: Routledge, 2003),
77–128.
14
The Katanga secession and Congo Crisis of 1960–1968 attracted hundreds of mer-
cenaries, some known as Les Affreux (The Frightfuls), and included the Irishman “Mad”
Mike Hoare and the Frenchman Bob Denard. Their exploits informed the novel The Wild
Geese by Daniel Carney and the 1978 film by the same name, for which Hoare was a tech-
nical advisor. There is also the film The Dogs of War (1980), based on a Frederick Forsyth
novel, inspired by the life of Denard. For a modern account of mercenaries, the author
recommends the Tom Locke novel series (William Morrow).
46
Mercenaries and War
15
International Committee of the Red Cross, “Protocol Additional to the Geneva
Conventions of 12 August 1949, and Relating to the Protection of Victims of International
Armed Conflicts (Protocol I) of 8 June 1977,” Geneva, Switzerland, May 2010, available at
<www.icrc.org/eng/assets/files/other/icrc_002_0321.pdf>.
16
Originally quoted in Geoffrey Best, Humanity in Warfare (New York: Columbia
University Press, 1980), 375.
17
Francis Fukuyama, “The End of History?” The National Interest, no. 16 (Summer
1989), 4.
18
Kendra Dupuy et al., “Trends in Armed Conflict, 1946–2015,” Peace Research
Institute Oslo (August 2016), available at <www.prio.org/utility/DownloadFile.ashx?id=1
5&type=publicationfile>. For other studies, see “COW War Data, 1816–2007 (v4.0),” The
Correlates of War Project, last updated December 8, 2011, available at <www.correlatesof-
war.org/data-sets>; Meredith Reid Sarkees and Frank Wayman, Resort to War: 1816–2007
(Washington, DC: CQ Press, 2010); Uppsala Conflict Data Program/Department of
Peace and Conflict Research, Uppsala Universitet, December 31, 2016, available at <www.
ucdp.uu.se/gpdatabase/search.php>; see also Nils Petter Gleditsch et al., “Armed Conflict
1946–2001: A New Dataset,” Journal of Peace Research 39, no. 5 (2002), 615–637; see also
Kalevi Holsti, Kalevi Holsti: Major Texts on War, the State, Peace, and International Order
(Cham, Switzerland: Springer International Publishing AG, 2016), 42.
19
The National Security Strategy of the United States of America (Washington, DC: The
White House, 2002), 1.
20
“Secretary-General Reflects on ‘Intervention’ in Thirty-Fifth Annual Ditchley
Foundation Lecture,” UN Press Release, SG/SM/6613, June 26, 1998, available at <www.
un.org/News/Press/docs/1998/19980626.sgsm6613.html>.
21
Government Accountability Office (GAO), Defense Management: DOD Needs to
Reexamine Its Extensive Reliance on Contractors and Continue to Improve Management
and Oversight, GAO-08-572T (Washington, DC: GAO, May 11, 2008); Moshe Schwartz,
Department of Defense Contractors in Iraq and Afghanistan: Background and Analysis,
R40764 (Washington, DC: Congressional Research Service [CRS], July 2, 2010), 5; Jen-
nifer Elsea, Moshe Schwartz, and Kennon H. Nakamura, Private Security Contractors in
Iraq: Background, Legal Status, and Other Issues, RL32419 (Washington, DC: CRS, August
25, 2008).
22
U.S. House of Representatives, Committee on Oversight and Government Reform,
Subcommittee on National Security and Foreign Affairs, Warlord, Inc.: Extortion and Cor-
ruption along the U.S. Supply Chain in Afghanistan, June 22, 2010, 15, available at <http://
media.washingtonpost.com/wp-srv/world/documents/warlords.pdf>; Schwartz, Depart-
ment of Defense Contractors in Iraq and Afghanistan, 8.
23
Steven L. Schooner and Collin D. Swan, “Contractors and the Ultimate Sacrifice,”
The George Washington University Law School, Public Law and Legal Theory Working
47
McFate
Paper, no. 512 (September 2010); GAO, Contingency Contracting: DOD, State, and USAID
Continue to Face Challenges in Tracking Contractor Personnel and Contracts in Iraq and
Afghanistan, GAO-10-1 (Washington, DC: GAO, October 1, 2009); T. Christian Miller,
“Civilian Contractor Toll in Iraq and Afghanistan Ignored By Defense Dept.,” ProPublica,
October 9, 2009; Justin Elliott, “Hundreds of Afghanistan Contractor Deaths Go Unreport-
ed,” Salon.com, July 15, 2010; “Statistics on the Private Security Industry,” Private Security
Monitor, Sié Chéou-Kang Center for International Security and Diplomacy, University
of Denver, available at <http://psm.du.edu/articles_reports_statistics/data_and_statistics.
html>.
24
See Erik D. Prince, “The MacArthur Model for Afghanistan,” Wall Street Journal,
May 31, 2017, available at <www.wsj.com/articles/the-macarthur-model-for-afghani-
stan-1496269058>; Justin Wise, “Blackwater Founder Makes New Pitch for Mercenaries
to Take Over Afghan War,” The Hill, July 12, 2018, available at <http://thehill.com/policy/
defense/396714-blackwater-founder-proposes-mercenary-takeover-in-afghanistan-
amidst-mueller-probe>.
25
John Esterbrook, “Rumsfeld: It Would Be a Short War,” CBS News, November 15,
2002, available at <www.cbsnews.com/news/rumsfeld-it-would-be-a-short-war/>.
26
Office of the Assistant Secretary of Defense for Sustainment, “Contractor Support
of U.S. Operations in the USCENTCOM Area of Responsibility, to Include Iraq and Af-
ghanistan (5A Papers),” July 2018, available at <www.acq.osd.mil/log/ps/.CENTCOM_re-
ports.html/5A_July%202018_Final.pdf>.
27
U.S. House of Representatives, Warlord, Inc., 2.
28
Ibid.
29
U.S. Senate, Inquiry Into the Role and Oversight of Private Security Contractors in Af-
ghanistan, Report Together with Additional Views of the Committee on Armed Services,
111th Cong., 2nd sess., Sept 10, 2010, i, available at <https://fas.org/irp/congress/2010_rpt/
sasc-psc.pdf>.
30
Dexter Filkins, “Convoy Guards in Afghanistan Face an Inquiry,” New York Times,
June 6, 2010, available at <www.nytimes.com/2010/06/07/world/asia/07convoys.html>.
31
Ibid.; U.S. House of Representatives, Warlord, Inc.
32
Moshe Schwartz and Jennifer Church, Department of Defense’s Use of Contractors
to Support Military Operations: Background, Analysis, and Issues for Congress, R43074
(Washington, DC: CRS, May 17, 2013), 2. For the 2012 United Kingdom defense budget,
see Christopher Chantrill, UK Public Spending Web site, available at <www.ukpublic-
spending.co.uk/budget_current.php?title=uk_defense_budget&year=2012&fy=2012&exp
and=30>.
33
Mark Owen, No Easy Day: The Firsthand Account of the Mission That Killed Osama
Bin Laden, with Kevin Maurer (New York: Penguin, 2014).
48
Mercenaries and War
34
Dan Lamothe and Loveday Morris, “Pentagon Will Send Hundreds More Troops to
Iraq Following Seizure of Key Airfield,” Washington Post, July 11, 2016, available at <www.
washingtonpost.com/news/checkpoint/wp/2016/07/11/seizure-of-key-air-base-near-mo-
sul-raises-prospect-of-u-s-escalation-against-isis/?noredirect=on&utm_term=.aceef5b-
5db35>; Corey Dickstein, “Lawmakers Question Iraq and Afghanistan Troop Caps, Use of
Contractors,” Star and Stripes, available at <www.stripes.com/news/lawmakers-question-
iraq-and-afghanistan-troop-caps-use-of-contractors-1.442172#>; and Skye Gould and
Daniel Brown, “Here’s How Many U.S. Troops and Private Contractors Have Been Sent to
Afghanistan,” Business Insider, August 22, 2017, available at <www.businessinsider.com/
this-is-how-many-private-contractors-and-us-troops-are-in-afghanistan-2017-8>.
35
U.S. Senate, Transparency and Accountability in Military and Security Contracting
Act of 2007, S. 674, 110th Cong., 1st sess., February 16, 2007, available at <www.gpo.gov/
fdsys/pkg/BILLS-110s674is/pdf/BILLS-110s674is.pdf>.
36
Congressional Budget Office (CBO), Contractors’ Support of U.S. Operations in
Iraq (Washington, DC: CBO, August 2008), 17, available at <www.cbo.gov/sites/default/
files/110th-congress-2007-2008/reports/08-12-iraqcontractors.pdf>.
37
H. Howe, “Private Security Forces and African Stability: The Case of Executive
Outcomes,” Journal of Modern African Studies 34, no. 2 (1998); S. Mallaby, “New Role for
Mercenaries,” Los Angeles Times, August 3, 2001; S. Mallaby, “Paid to Make Peace Merce-
naries Are No Altruists, but They Can Do Good,” Washington Post, Monday June 4, 2001.
38
Steven L. Sayers et al., “Family Problems among Recently Returned Military
Veterans Referred for a Mental Health Evaluation,” Journal of Clinical Psychiatry 70, no. 2
(2009), 163; Steven Stack, “Suicide: A 15-Year Review of the Sociological Literature Part II:
Modernization and Social Integration Perspectives,” Suicide and Life-Threatening Behavior
30, no. 2 (2000), 163–176; and Amy D. Marshall, Jillian Panuzio, and Casey T. Taft, “Inti-
mate Partner Violence Among Military Veterans and Active Duty Servicemen,” Clinical
Psychology Review 25, no. 7 (2005), 862–876.
39
For more information on how ISO 18788 was linked to ANSI/ASIS PSC.1-2012,
see Leigh A. McGuire, “ISO Publishes Security Operations Management System Standard
Based on ANSI/ASIS PSC.1:2012,” ASIS International, September 24, 2015, available
at <https://globenewswire.com/news-release/2015/09/24/770841/10150527/en/ISO-
Publishes-Security-Operations-Management-System-Standard-based-on-ANSI-ASIS-
PSC-1-2012.html>.
40
For background on how the PSC.1-2012 standard evolved into the ISO 18788
standard, see Erik Daniel Erikson, “Meeting ISO 18788 Criteria,” International Foun-
dation for Protection Officers (2015), available at <www.ifpo.org/wp-content/up-
loads/2018/06/18788_EDE_article.doc>.
41
Sidney B. Fay, “The Beginnings of the Standing Army in Prussia,” The American
Historical Review 22, no. 4 (July 1917), 767.
49
McFate
42
For those curious about the Italian Wars, a good place to start is historian Michael
Mallett.
43
Thomas Erskine Holland, The Elements of Jurisprudence, 9th ed. (Oxford: Oxford
University Press, 1900), 369.
50
Mercenaries and War
51
Mercenaries and War:
Understanding Private
Armies Today
Sean McFate