Use of ‘private combat contractors’ in Iraq is upheld by U.S. military appeals board

Special to WorldTribune.com

WASHINGTON — The U.S. military has reaffirmed the use of private contractors to engage in combat in Iraq.

The Armed Services Board of Contract Appeals has approved the use of private security contractors in combat operations in Iraq.

kbr2_090715_mnOn June 26, the appeals board reaffirmed the use of private warfighters by a leading
military contractor, KBR.

“[This use of private combat contractors] was both reasonable and
necessary given the dangerous, life-threatening conditions under which KBR
and its subcontractors were asked to perform,” the appeals board said.

The decision came in wake of more than five years of litigation. Under
the ruling, KBR, contracted to protect U.S. diplomats as well as
reconstruction projects, could recover $45 million plus interest from the
U.S. government for services rendered in 2003-2007.

The appeals board determined that KBR as well as other private military
contractors were employed to fill the gap left by a shortage of American
troops. The ruling said the U.S. military had been unable to protect the
tens of thousands of American and other private contractors that operated in
Iraq until 2011.

“[This was] constant problem and the commanding generals testified they
did not have the resources to provide it,” the appeals board said.

In 2012, the appeals board ruled that private security contractors were
not banned under the U.S. government’s Logistics Civil Augmentation Program.
In 2010, many U.S. private security contractors left Iraq as Washington
prepared to complete its military withdrawal from the Arab country.

KBR said it welcomed the decision. The company had already recorded the
$45 million owed by Washington in financial statements during previous
years.

“Although ASBCA’s ruling is appealable, we hope this latest decision
will finally conclude the matter,” KBR general counsel Andrew Farley said.

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