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The violations included illegal weapons exports to Afghanistan, making unauthorized proposals to train troops in south Sudan and providing sniper training for Taiwanese police officers, according to company and government officials familiar with the deal.
Still more worrisome from a policy standpoint is the question of lost control. Even when contractors do military jobs, they remain private businesses and thus fall outside the military chain of command and justice systems. Unlike military units, PMFs retain a choice over which contracts they will take and can abandon or suspend operations for any reason, including if they become too dangerous or unprofitable; their employees, unlike soldiers, can always choose to walk off the job. Such freedom can leave the military in the lurch, as has occurred several times already in Iraq: during periods of intense violence, numerous private firms delayed, suspended, or ended their operations, placing great stress on U.S. troops. On other occasions, PMF employees endured even greater risks and dangers than their military equivalents. But military operations do not have room for such mixed results.
But by paying fines rather than facing criminal charges on the export violations, Blackwater will be able to continue to obtain government contracts.
The Protocol Additional GC 1977 (APGC77) provides the most widely accepted international definition of a mercenary, though not endorsed by some countries, including the United States. The Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, (Protocol I), 8 June 1977 states:
Art 47. Mercenaries
1. A mercenary shall not have the right to be a combatant or a prisoner of war.
2. A mercenary is any person who:
(a) is especially recruited locally or abroad in order to fight in an armed conflict;
(b) does, in fact, take a direct part in the hostilities;
(c) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;
(d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;
(e) is not a member of the armed forces of a Party to the conflict; and
(f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.