THE OTHER GREATEST GENERATION

Civil war veteran soldier footage, captured between 1913 and 1938.

THE SAGA OF THE MERCENARY SOLDIER PART II

Mercenaries are in the headlines again, this week in the madness and insanity that is Qaddafi's Libya. My initial thoughts when I first saw this was that the North African Nutjob had a cadre of Eastern European professional soldiers as a sort of Varangian Guard, but as it turns out Qaddafi's personal foreign legion are basically a pack of thugs from Zimbabwe:

Tooling around in Tobruk, looking for some ass to kick.

Suspected African mercenaries stand in a room in a court in Benghazi as they are held by anti-Qaddafi protesters, February 24, 2011


If these guys are anything like any and every African soldier I ever trained, worked with or encountered on the battlefield; they've all got malaria, half of them can't read or write, and their only understanding of the Law of Land Warfare is that they're breaking every law in the book. No matter how hard you train them, in contact they revert to the "spray-and-pray" school of gunfighting and the safest place to be when they're shooting at you is right out in the middle of the street because they can't hit the broad side of a barn from the inside.

A dead Zimbabwean, formerly in the hire of Muammar Qaddafi


These are heathen savages, capable of the most horrific atrocities. To call them barbarians is an insult to all barbarians everywhere and the only thing professional about Qaddafi's mercenaries is the fact that they've been doing what they're doing for a prerequisite period of time. Their knowledge of tactics or gunnery starts at the buttstock of their Kalishnikov and ends at the business end.

Amongst Africans, the term "mercenaries" has mystic, almost supernatural connotations.


Despite the public's fascination with the subject, there's a lot of misunderstanding about the term "mercenary". Most people consider a mercenary to be a soldier that serves merely for wages. According to this broad definition, practically every member of every standing, professional army in the world is a mercenary - and I've actually heard American soldiers referred to in this vein.

A more selective definition is found in Webster’s Dictionary: "a mercenary is a soldier hired into foreign service serving merely for pay or sordid advantage." According to this criteria, every foreign national serving in the U.S. military - including yours truly - is a mercenary.

According to the definitions found within the Hague and Geneva Conventions; a mercenary is a professional soldier hired by a foreign army, as opposed to a soldier enlisted in the armed forces of the sovereign state of which he is a citizen, and 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" (Additional Protocol I to the Geneva Convention of August 1949).

Non-conscript professional members of a regular army are not considered mercenaries even though they get remuneration for their service. Under this definition, even members of the French Foreign Legion and the Gurkha Regiment are technically not mercenaries under the Laws of Land Warfare, even though they meet many of the requirements of Article 47 of the 1949 Additional Protocol I; they are exempt under clauses 47(a)(c)(d)(e)&(f). Journalists tend to describe these soldiers as mercenaries regardless.

There ARE mercenaries out there; I have known a few. Adventurers, guns-for-hire, some of them I even consider professional counterparts, but more often than not their activities are of questionable legal or ethical nature. I myself have been called a mercenary but this is a stretch; I retired honorably from the military, and I work in the security profession. I am certainly not a criminal, and there are some things that I simply will not do for pay.

The notorious Thahan Phran (ทหารพราน; literally "Hunter Soldiers") - an irregular light infantry force which patrols the borders of Thailand - are considered mercenaries, although they are technically part of the Royal Thai Army, and they certainly are not foreigners.

Thai Tahan Prahn soldier on security perimeter.


The private security contractors in the hire of the U.S. Department of Defense or State Department are not mercenaries; they are technically no different than the private security manning the gates at U.S. government facilities throughout the United States - they not mercenaries anymore so than postal inspectors are Federal Law Enforcement.


On the other hand, Qaddafi's goons ARE mercenaries, although I consider them professionals only in that they serve for pay. And in light of the way these brigands are conducting themselves, they are not soldiers any more than the Khmer Rouge or Hitler's SS were; "uniformed organized crime" is how I refer to this kind of scum.


. . . . . . . . . . . . . SEAN LINNANE SENDS


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LIVE RPG REMOVED FROM SOLDIER

This is the incredible story of Channing Moss.

During the course of a Taliban ambush while out on patrol, Channing was impaled by a live RPG.

Army protocol says that medevac choppers are never to carry anyone with a live round in him. Even though they feared it could explode, the flight crew said damn the protocol and flew him to the nearest aid station.

Again, protocol said that under these kind of circumstances the patient is to be put in a sandbagged area away from the surgical unit, given a shot of morphine and left to wait (triage) until others are treated.

Again, the medical team ignored the protocol.






This video was put together by the Military Times; actual footage of the surgery where Dr. John Oh, a Korean immigrant / naturalized U.S. citizen and graduate of West Point, removed the live round with the help of volunteers and a member of the EOD (Explosive Ordinance Disposal) team.

Moss has undergone six operations but is doing well at home in Gainesville, Georgia.


Pray for our American Heroes

FALLEN HERO

DEFINITION OF A VETERAN

A Veteran - whether active duty, retired, national guard or reserve - is someone who, at one point in their life, wrote a check made payable to "The United States of America", for an amount of "up to and including my life."- Author Unknown


Specialist Kyle J. Wright, 22, of Romeoville, Illinois, was killed in action 13 January 2010 when his Stryker vehicle drove over an improvised explosive device (IED) in Kandahar province, Afghanistan. He was assigned to the 2nd Battalion, 1st Infantry Regiment, 5th Stryker Brigade Combat Team; part of the 2nd Infantry Division at Fort Lewis, Washington.

Kyle was a third-generation soldier. “Kyle was a better man than me when I was 22, and was well on his way to being a better man than I am today,” said his father Richard Wright, who was a combat medic with the 82nd Airborne Division. “He was the most honorable man I’ve ever known in my life.” Wright said the bomb that killed his son went off under the driver’s seat and that Kyle was dead by the time soldiers pulled him from the wreckage.

Wright is the 31st member of the Brigade killed in action since it deployed to southern Afghanistan last summer. All but one were killed by IED’s.

A graduate of Romeoville High School, Kyle Wright reported to Fort Lewis in January 2007 when the 5th Brigade was originally formed, his father said, and he went through intensive Arabic language training when the Brigade prepared to deploy to Iraq.

“He was one of the smarter kids in the outfit, so they tagged him with learning Arabic,” Richard Wright said. “He wasn’t supposed to be driving; they just needed someone with nerves of steel at the wheel.”

His body was escorted home by his brother-in-law, an NCO in the 5th Brigade. Kyle Wright is survived by his parents, three sisters and a brother. He had a serious girlfriend from Tacoma, Washington.



* * * * * * * * * * * * *



Kyle will be buried at Arlington National Cemetery with full military honors, in accordance with his wishes. A memorial tribute will be held on February 8, 2010 at 7:00 p.m. at the Romeoville Recreation Center, 900 W. Romeo Road, Romeoville Illinois.

In lieu of flowers, memorial contributions can be made to:

Operation Support our Troops, Illinois
1807 S. Washington Street
Suite 110, #359
Naperville, IL 60565

Donations should be noted: "In Memory of Kyle Wright"








“He was a United States Soldier. Honor him.”




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THE SAGA OF THE MERCENARY SOLDIER, Part I

My intent was to write a brief history of mercenaries throughout the ages. The story of the World's Second Oldest Profession is anything BUT brief, however, and as I researched it the project grew; large and exhaustive. Despite my inside knowledge of the trade, I was still surprised by what I learned.

I tried to organize the information I gained in chronological order, but this is difficult. It seems the role of the private soldier has had far-reaching effects from the Dawn of History into our modern civilization. When you think about it, this only makes sense; War is the punctuation of History.

What follows is Part I; an overview of what a Mercenary is, as defined by the International Law of Land Warfare, and the United State Uniformed Code of Military Justice.

- Sean Linnane, January 2010



Modern mercenary sniper, Siege of Sarajevo, circa 1993

From Webster’s: mer•ce•nary, noun, plural mer•ce•nar•ies: one that serves merely for wages; especially : a soldier hired into foreign service adjective: Function: adjective 1 : serving merely for pay or sordid advantage : venal; also : greedy, 2 : : hired for service in the army of a foreign country, 3: having or marked by an eager and often selfish desire especially for material possessions "a mercenary urge to own the latest and most expensive item in home electronics" Etymology: Middle English, 14th century, from the Latin mercenarius, irregular from merced-, merces wages






A mercenary is a professional soldier hired by a foreign army, as opposed to a soldier enlisted in the armed forces of the sovereign state of which he is a citizen. He takes part in armed conflict on many different scales, and 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" (Additional Protocol I to the Geneva Convention of August 1949). A non-conscript professional member of a regular army is not considered to be a mercenary although he gets remuneration for his service.

As a result of the assumption that a mercenary is essentially motivated by money, the term "mercenary" usually carries negative connotations, though that can be a compliment in some contexts. There is a blur in the distinction between a "mercenary" and a "foreign volunteer", when the primary motive of a soldier in a foreign army is uncertain.




French Foreign Legionnaire, Bosnia circa 1995


For instance, the French Foreign Legion and the Gurkhas are not mercenaries under the laws of war, since although they may meet many of the requirements of Article 47 of the 1949 Additional Protocol I, they are exempt under clauses 47(a)(c)(d)(e)&(f); some journalists describe them as mercenaries regardless.



Nepali Gurkha soldiers in the service of the British Army


The Geneva Conventions of 12 August 1949 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 Convention and relating to the Protection of Victims of International Armed Conflicts, (Protocol I), 8 June 1977 states:

Article 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.

According to the Geneva Convention, all of the above criteria (a - f) must be met for a combatant to be described as a mercenary.






According to Geneva, a captured soldier must be treated as a lawful combatant and, therefore, as a protected person with prisoner-of-war status until facing a competent tribunal (GC III Art 5). That tribunal, using criteria in APGC77 or some equivalent domestic law, may decide if that soldier is a mercenary. At that juncture, the mercenary soldier becomes an unlawful combatant but still must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial", being still covered by GC IV Art 5. The only possible exception to GC IV Art 5 is when he is a national of the authority imprisoning him, in which case he would not be a mercenary soldier as defined in APGC77 Art 47.d.

If, after a regular trial, a captured soldier is found to be a mercenary, then he can expect treatment as a common criminal and may face execution. As mercenary soldiers may not qualify as PoWs, they cannot expect repatriation at war's end. The best known post-World-War-II example of this was June 1976 when an Angolan court sentenced three Britons and an American to death, and nine other mercenaries to prison terms ranging from 16 to 30 years. The four mercenaries sentenced to death were shot by a firing squad on July 10, 1976.



Costas Georgiou (Greek: Κώστας Γιώργιου, alias "Colonel Callan") was a Greek Cypriot mercenary executed following the Luanda Trial for activities during the civil war phase of the Angolan War of Independence.



On 4 December 1989 the United Nations passed resolution 44/34, the International Convention against the Recruitment, Use, Financing and Training of Mercenaries. It entered into force on 20 October 2001 and is usually known as the UN Mercenary Convention. Article 1 contains the definition of a mercenary. Article 1.1 is similar to Article 47 of Protocol I, however Article 1.2 broadens the definition to include a non-national recruited to overthrow a "Government or otherwise undermining the constitutional order of a State; or Undermine the territorial integrity of a State;" and "Is motivated to take part therein essentially by the desire for significant private gain and is prompted by the promise or payment of material compensation..." — under Article 1.2 a person does not have to take a direct part in the hostilities in a planned coup d'état to be a mercenary.

Critics argue that the convention and APGC77 Art. 47 were directed to mercenary activities in post-colonial Africa and do not adequately address the use of private military companies (PMCs) by sovereign states.

The situation during the Iraq War and after the United Nations Security Council sanctioned hand-over of power to the Iraqi government shows the difficulty of defining a mercenary soldier. While the United States governed Iraq, no U.S. citizen working as an armed guard could be classified as a mercenary, because he was a national of a Party to the conflict (APGC77 Art 47.d).




The legal status of civilian contractors depends upon the nature of their work and their nationalities with respect to that of the combatants. If they have not "in fact, taken a direct part in the hostilities" (APGC77 Art 47.b), they are NOT mercenaries but civilians who have non-combat support roles and are entitled to protection under the Third Geneva Convention (GCIII 4.1.4). This includes armed civilians authorized to use deadly force in self-defense.


BET YOU DIDN'T KNOW THAT DEPARTMENT:

Contrary to widespread popular misconception, Private Military Companies and private security contractors ARE subject to the legal constraints of the
Uniformed Code of Military Justice:


New U.S. law on Private Military Companies:

According to the FY2007 Defense Budget Appropriation Bill, the Uniformed Code of Military Justice (UCMJ) has been amended to allow for prosecution of military contractors who are deployed in a "declared war or a contingency operation."

"SEC. 552. CLARIFICATION OF APPLICATION OF UNIFORM CODE OF MILITARY JUSTICE DURING A TIME OF WAR. Paragraph (10) of section 802(a) of title 10, United States Code (article 2(a) of the UCMJ), is amended by striking 'war' and inserting 'declared war or a contingency operation'."

Previously, the code applied to "persons serving with or accompanying an armed force in the field" only during a war, which US courts interpreted to mean a war declared by Congress. No such declaration was made in the Iraq conflict. In 2006 Congress amended the code to apply to persons accompanying an armed force during a "declared war or contingency operation."




General Data on the Number of Private Security Contractor Personnel in Iraq and Afghanistan

(Source: Operational Contract Support "State of the Union" May 2009; Office of the Deputy Under-Secretary of Defense, Logistics & Materiel Readiness)

o Private security contractors perform personal security, convoy security, and static security missions. Not all private security contractor personnel are armed.

o USCENTCOM reports, as of 10 May 2009 , the following distribution of private security contractors in Iraq and Afghanistan:

o There was a 23% increase (from 8,701 to 10,743) of armed DoD PSCs in Iraq compared to the 1st quarter FY 2009 census. This increase can be attributed to our improved ability to account for subcontractors who are providing security services.

o There was a 29% increase (from 3,184 to 4,111) of armed DoD PSCs in Afghanistan compared to the 1st quarter FY 2009 census. The increase correlates to the build up of forces in that AOR.

General Conditions Regarding Contracts and Contractor Personnel

The Combatant Commander has provided specific guidance on arming contractor personnel and private security contractors in the USCENTCOM AOR through a series of Fragmentary Orders (FRAGOs) and other authoritative guidance, including the following:

Private security contractor personnel are not authorized to participate in offensive operations and must comply with specific USCENTCOM Rules for the Use of Force (RUF). Under these RUF, private security contractor personnel are authorized to use deadly force only when necessary in: self-defense, defense of facilities / persons as specified in their contract; prevention of life-threatening acts directed against civilians; or defense of Coalition-approved property specified within their contract. The Multi-National Force - Iraq (MNF-I) issues to approved private security contractor personnel a weapons card authorizing them to carry a weapon. This weapons card also contains the guidance for the RUF and the contractor personnel’s signature acknowledging the difference between the RUF and the Rules of Engagement.




Private security contractor personnel in Iraq must be properly licensed to carry arms in accordance with host nation law and must receive USCENTCOM / Coalition Forces’ approval of their operations. Coalition Provisional Authority Order 17 (CPA 17), Status of the Coalition, Foreign Liaison Missions, Their Personnel and Contractors (June 23, 2003), is still in effect. It addresses Private Security Contractors operating in Iraq and requires the contractor’s understanding of and compliance with all applicable:

o U.S., host nation, and third country national laws;

o Treaties and international agreements;

o U.S. regulations, directives, instructions, policies; and

Orders, Standing Operating Procedures, and policies issued by the Combatant and / or Operational Commanders:

o MNF-I forces are authorized to stop, search, seize weapons, and detain civilians armed under MNF –I Fragmentary Order (FRAGO) 07-428 (Armed Contractors / DoD Civilians and PSCs), if MNF-I forces observe a RUF violation, exhibitions of criminal behavior, or conduct that threatens security.

o DoD contractor personnel armed by DoD authority must report any use of force, including the firing of a weapon. This requirement and the required information to be submitted are identified within the terms of the contract and MNF–I FRAGO, 07-428. MNF-I forces must report any use of force by a civilian armed under the requirements of this FRAGO to their chain of command.






To Be Continued . . . . . . S.L.


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STORMBRINGER's BOOKSHELF

This is what I'm reading right now - or rather, this is what I'm RE-reading - I first read this EXCELLENT treatise on Leadership back in the early 90's. I still soldier by the tenets I gleaned from it then. - S.L.









ATTILA (406-53), King of the Huns (433-453 A.D.)
Attila (called Etzel by the Germans or Ethele in Hungarians, was a member of the ruling family of the Huns, a nomadic Asian people who spread from the Caspian steppes throughout the Roman Empire in search of global conquest. By AD 432, the Huns had gained so much power that they were receiving a large annual tribute from Rome.

By AD 451, Attila's army consisted of 700,000 warriors, and was intent on nothing less than ransacking Rome itself. They had earlier moved against the Chinese Empire but were turned away. The Huns had a reputation for cruelty and barbarism that was not undeserved. They ate their meat raw (often human flesh), had little use for virgins, and possessed a strong appetite for murder and mayhem. No one could look Attila in the eyes, not even any of his 400 wives.

(My kind of guy! - S.L.)

THE LESSONS OF ATTILA:

#1: YOU MUST WANT TO BE IN CHARGE - You've got to be ruthlessly ambitious. Never be bored, disinterested, or cowardly in any way about always strengthening your position. Good leaders are lustful leaders. Power is like sex, but don't appear overeager, just extremely determined to succeed under any circumstances, fair or unfair. (This will inspire confidence in those you lead).

#2: ALWAYS APPEAR AS THE ONE IN CHARGE - Dress appropriately for your high station in life. Own the biggest horse and sword. Be first in everything, but never appear pompous. (Be marked with armament that distinguishes you from the masses).

#3: MAKE OTHERS ADAPT TO YOUR "CUSTOMS" - Make people do things your way, not their way. Make them adjust or adapt to you. Express this as the way things are going to be from now on, or pretend it's the way things have always been. Refuse to acknowledge any other way of doing things other than the way you do things. (This will extract tribute and praise from those you lead).

#4: NEVER CONDONE A LACK OF MORALE OR DISCIPLINE - Terminate people at the first sign of disrespect for the common good, but by no means stifle individualism or punish the innocent who don't know the common good. Definitely, do not allow uncontrolled celebration. Pillaging and looting are only fun if done in the name of nationalism. (Discipline builds morale).

#5: NEVER TOLERATE ANYONE WITH THEIR OWN AMBITIONS - People who are "cunning" are dangerous, especially new people who have just joined the organization. Be vigilant about how people lose their ambition and become team players; that is the pattern you want everyone to follow. Never reward anyone for what is a common effort. (The spirit of unity must prevail).

#6: PERPETUATE A LEGEND OR REPUTATION FOR YOURSELF - Find out whatever it is that your worst enemy calls you, and try hard to live up to it, with a passion. This will have its advantages to you whenever you need to use your fury and power, and it will accumulate minor privileges to you along the way. (You are your reputation).

#7: PICK YOUR ENEMIES WISELY - Do not consider all opponents, or everyone you argue with, as enemies. These are accidental enemies. Choose your enemies with purpose. They may be people you have friendly relations with, and in fact, you should let them think of you as a friend, all the while never telling them anything, and lulling them into a state of complacence and acting prematurely. (Do not make enemies unless you mean it).

#8: EXPECT CONTINUAL IMPROVEMENT - You must encourage learning and innovation among those you lead. This can be done in several ways, by creating competitions among the people. Never allow them to wander aimlessly. Regularly upgrade your standards of performance. (This fulfills most of a leader's duties).

#9: USE TIMING IN MAKING DECISIONS - Never rush a decision, although sometimes you have to because the moment is ripe or an omen exists. It's better to use timing, to find the obscure places and critical elements needed to ensure you always make the right decision. This way, you ensure that even a less-than-perfect decision is followed. (Time your decisions).

#10: EXPLOIT THE DESIRE TO ENJOY THE SPOILS OF WAR - Harness your peoples' desires for short-term gains. Grant small rewards for light tasks. Reserve heaps of booty for other times, and be generous with items that hold a value to yourself. (Never underestimate the ability to buy obedience).

#11: ONLY ENGAGE IN WARS YOU CAN WIN - Use diplomacy, negotiation, or other techniques of conflict in battles you cannot win. When in a political war, always keep an eye to your rear. When in an external war, go all out. (Waging war is a natural condition).



Attila, Scourge of God

More on Ospreys . . .

summer patriot, winter soldier is the latest member of STORMBRINGER's INNER SANCTUM. He writes:

friends:

if you are a bit of a bug on the marines, and some of the very singular aviation equipment of the marines, e.g., the harrier, the osprey, then you will really enjoy the article "v-22 osprey" at stormbringer blog.

lots & lots of very interesting articles there. a good person to have on one's 6, this sean linnane.

this is a fine blog.

john jay @ 08.01.2009

p.s. in my little corner of the world, we have a lot of the osprey, a rather small knit fish eagle. they specialize in aerial dives into the water, talons first, wings bent back at the most improbable angle, in order to penetrate the water. a "kerplunk," (nothing especially graceful about it), a little wait, and they emerge from the water in a flurry of spray and wings, and then they fly off with a fair sized fish grasped quite securely in their talons: never have seen one drop a fish. i have seen the dive sequence 5 or 6 times, successfully done.

they have a wonderful whistle, quite different than the squawk of most eagles. (the bald might have been called the raucous eagle.) they are usually seen in mating pairs, the female slightly larger. the pairs will fight for territory against other pairs, the most dominant birds soaring to quite a distance over the weaker ones, and into the sun. the lesser birds usually fly away, not wanting to be subject to those talons diving silently from above, behind, and out of the sun.

classic fight pilot stuff, that.



Sean Linnane says: I did a couple of tours in the Multinational Force & Observers, Sinai; there were a pair of these magnificent birds at Herb's Beach . . . just a grenade toss from Sharm El Sheik:



Back in the eighties the beach was run by Herb, who came on the first rotation to the Sinai in 1982 and never left. He was one of the original Special Forces. Killed captors and escaped in Korea, killed captors and escaped in Vietnam. He was my mentor. He used to show us stuff like how to press 10-penny nails into a 4X4 with the palm of his hand. They named this unique beach and the gym after him.