De-bunking some of the myths about Blackwater

As most people seem to understand but can't quite nail down, there are a lot of untruths, myths and urban legends about Blackwater Worldwide.

Here are a few points and counterpoints to de-bunk some of those myths. This will be a growing list and we might ultimately set up a separate site to deal with them. In the meantime, here some points and counterpoints concerning Blackwater and private security contractors in general:

Myth

Private security guards in Iraq “operate with little or no supervision, accountable only to firms employing them.” Such contractors are “not bound by the Uniform Code of Military Justice.”

Facts

• Blackwater security guards are accountable to the US Government under the Constitution as well as a number of federal statutes, regulations, and General Orders.


• The Uniform Code of Military Justice (UCMJ) applies to contractors, like those employed by Blackwater, “accompanying an armed force in the field during US contingency operations.”


• The Military Extraterritorial Jurisdiction Act (MEJA) establishes the jurisdiction of our federal courts to enforce against wrongdoing by contractors.


• Private contractor wrongdoing is also covered under statutes such as the War Crimes Act, the Victims of Trafficking and Violence Protection Act, the Anti-Torture Statute and the Foreign Corrupt Practices Act.


• Blackwater's services and products abroad are tightly regulated under the International Traffic in Arms Regulations (ITAR) and the US government Munitions List that determines what can and cannot be exported or provided abroad.


• US Government contracts require strict adherence to quality control standards for contracts involving sensitive or classified work. They identify character traits and performance deliverables in great detail. Blackwater must perform in accordance with these contractual restrictions and requirements or lose its contracts.

Myth

Contractors are above the law and do not get prosecuted for wrong doing. No Blackwater contractor has been prosecuted for conduct in Iraq but over sixty active duty servicemen were prosecuted in Iraq during the same time frame.

Facts

• Only one Blackwater contractor in Iraq has been officially accused of potential criminal misconduct. While he has not yet been charged, he is subject to an ongoing Justice Department investigation in which Blackwater is cooperating. A comparative look at the total force sizes in Iraq illustrates the norm. Blackwater has no more than 890 personnel in Iraq at any given time. The percentage of US military prosecutions of uniformed personnel in Iraq to date represents an equivalent Blackwater proportion of slightly less than 1 contractor.


• The absence of prosecutions of contractors in Iraq can just as easily be ascribed to the different role contractors and military personnel play and the extensive military experience of many contractors.

Myth

There are over 150,000 private contractors operating in Iraq and Blackwater is the largest employer of these personnel. Blackwater has the largest "private army" in Iraq. Besides Blackwater there are only 2-3 other security firms operating in the country.

Facts

• Blackwater is one of more than 170 US, Coalition, and Iraqi security firms conducting business in Iraq, totaling an estimated 25,000 guards. Whenever an incident occurs anywhere in the country the assumption is Blackwater is involved. The probability in fact is that it is another company, because Blackwater represents about 3.6 percent of the 25,000-person private security contractor presence in-country.


• Tht total number of Blackwater personnel doing diplomatic security work in Iraq is fewer than 900 (see below); many of these are support personnel (medical, clerical, logistics, TOC watch standers, etc.).


• Blackwater is supporting the US efforts by providing rigidly screened and highly trained diplomatic protection personnel to the US Government. Quality, experience and training of Blackwater diplomatic security personnel are stipulated a contract that requires extremely high caliber contractors with a minimum Secret level security clearance.

Myth

Contractors are amateurs who make $1,000 per day while the professionals in uniform earn far less.

Facts

Blackwater contractors in Iraq are seasoned professionals who are paid between $450 and $650 per day. Blackwater compensation packages are base pay only and are comparable to that earned by members of the US Military when total service compensation (bonuses, lodging, uniforms, health benefits, retirement, base and special pays) are taken into account.

Most Blackwater contractors are former non-commissioned officers (NCOs) and officers in the elite light infantry or Special Operations community. They average 10 years military experience and 3 years post military career security experience. The average age in 37. Over 65% are former US Army, approximately 25% are former US Marine Corps personnel, and the remaining is a mix of men with SEAL and SWAT backgrounds. Approximately 55% had prior combat time under their belt – mostly pre 9/11 experiences, before joining Blackwater.

Blackwater contractors work temporarily and are paid only for the days they work, unlike members of the US military who are paid by salary. Most work 180 days a year. This works out to a considerable savings for the American taxpayer. Blackwater has challenged Congressman Henry Waxman (D-Cal.), Chairman of the House Committee on Government Reform and Oversight, to do a cost analysis to determine the best value for the taxpayer, but the lawmaker and leading Blackwater critic has not done so.

Myth

Blackwater contractors are unruly “cowboys” who shoot first and ask questions later. They do not have to follow use of force rules as enforced in the US military.

Fact

Blackwater security professionals are issued use of force rules by the US Government and must sign acknowledgement of these rules before weapons are issued. Since Blackwater's diplomatic security contract in Iraq is issued by the State Department, the company must abide by State Department guidelines that differ from those of the Department of Defense. The Department of State use of force policy with an escalation of force continuum that includes many non lethal steps or actions before warning shots are fired. This places the Blackwater security detail members at risk when the suspicious actions turn out to be a coordinated attack.

The State Department uses of force rules are more restrictive than the US military. An attack by itself does not justify an aggressive response. The diplomatic security detail’s primary task is to evacuate the principal – not to engage hostile enemy formations or individuals. They are not required to achieve firepower superiority but must use controlled, aimed shots to eliminate threatening obstacle to their evacuation movement.

Blackwater has conducted nearly 17,000 Baghdad “Red Zone” protective missions conducted over the last 3 years. In 195 of these missions Blackwater was required to discharge weapons. That's 1.1 percent of the time. The vast majority of these events were warning shots or vehicle disabling shots that did not involve casualties. Blackwater teams were engaged by enemy fire over 500 times in the same period. No protectee was harmed or lost however, Blackwater lost 27 diplomatic protection professionals.

Myth

The use of private military contractors (PMCs) and private security contractors (PSCs) is a new phenomenon which began in the current Bush administration.

Fact

The historic use of private sector expertise in support of the military in the US goes back to the Revolutionary War. In the 1990s President Bill Clinton downsized the US defense structure and by policy deferred those tasks that could be better in times of national need by the private sector. Kosovo and Bosnia were the first robust tests of his new approach. After the events of the USS Cole attack in Yemen and the terrorist attacks on September 11, 2001, Blackwater was ready willing and able to assist the nation by providing critical support services.

Myth

Blackwater does not have to bid for its contracts and relies on cronyism and politically motivated sole source handouts to grow its business.

Fact

Blackwater has received no preferential political treatment and in fact has competed for all but a very few of its contracts over the last ten years. The few noncompetitive contracts were issue, as permitted under law, in time of emergency when the government needed services immediately, and were of limited duration. Blackwater, like all other American companies doing business with the US Government, must wait for public posting of potential contracts, write and bid to the specific US contract requirements, and then wait for the US Government to review all submissions based on stringent Federal rules that ensure fair and open competition.

Myth

Blackwater has assembled an army of mercenaries who work for the highest bidder. These men have allegiance to no nation, no laws, or to any moral code of conduct.

Fact

Blackwater is an American company that operates under American law. Its security professionals are persons who have served honorably in the US military or in US law enforcement. They have taken oaths to uphold and defend the Constitution of the United States. They are required to pass a rigorous screening process which includes background checks and security clearance due diligence. They must demonstrate their skill area or proficiency by completing a US government mandated program of instruction and testing. The US government checks off on each person’s reliability and suitability for duty. Then the personnel are deployed overseas to work under the supervision of a US government agency. Blackwater does not provide services or products abroad without the explicit written approval of the US government.

Myth

Blackwater attempts to sway active duty personnel – encouraging them to leave the military for the higher pay they will receive in the private sector. This has caused the US military to experience a drop in recruiting/retention. It has also adversely impacted on the military's ability to fill the all volunteer force during time of war.

Fact

The US military has never claimed that it is failing to meet the volunteer service targets. Indeed, it specifically noted in a July 2005 Government Accountability Office (GAO) report that the percentage of force lost to the private sector to no less or greater over the last few years. It also stated that personnel leaving the service were entering into all categories of private life than it was previously. It is misleading and false to state that the private security industry or any company in that industry is guilty of undermining the national security objectives of the United States.

Myth

Blackwater is the linchpin of the Department of Defense (DoD) in Iraq and is currently working on multiple DoD contracts there.

Fact

Blackwater does not support any active DoD contract in Iraq . The vast majority of its roughly 900 in-country personnel are bravely supporting a Department of State diplomatic protection mission that was funded and authorized annually by bipartisan majorities in the US Congress.