Under the concept of contractor to avoid falling into the classic clichés you have to dig a lot.
Almost out of the world, the idea we have of the private security operator is that of a subject without rules who runs after the smell of money, devoid of morals and without scruples. The villain classic of movies that eventually falls victim to the deceptions invented by the hero.
"Subjects with license to kill" some colleagues call them.
Here, the clichés got a little boring and in the end I decide to have a chat with Gianpiero Spinelli, one of the faces of Italian contractors in the world.
Former Italian Army soldier, parachutist - as per protocol - he passes into the ranks of private security because he found the courage to leave a reality that was close to him.
He embarked on a complex road when the fashion of the contractor, when one and only one way was for the military to make a career.
I contact him to clarify, because who better than a contractor can explain what they do and how they work.
Spinelli, what are i today? contractors and why is it no longer possible to call them "mercenaries"?
The question is very simple, the contractors are subjects that are part of a legal and legislative structure. Their work is framed in a contractual context authorized by state and non-state entities. The contractors have a regular work contract with the person who hires them and they are obliged to fulfill what is obviously required of them in a context of legality and common sense.
The mercenary is a subject sold to the highest bidder who has no restrictions of any kind and is not legally authorized by anyone.
The distinction between the two terms is fundamental because in one word there is honest and perfectly legal work, in the second one the status in which one finds oneself is illegal.
An important key can be easily deduced through an analysis of the international law of armed conflicts which in some way regulate the discipline and conduct of hostilities. Practically a legitimacy to those who can participate in it by classifying it as a legitimate fighter. The mercenaries are identified under conditions defined by the 47 article of the Additional Protocol of the 1977 and the four Geneva conventions of the 1949. For the 1949 Geneva Convention the mercenary is:
The one who is recruited to fight in a specific conflict.
He who takes part directly in hostilities.
One who is essentially motivated by essential profit motives.
Anyone who is a citizen of a party to the conflict or resident in the territory controlled by that party; member of the armed forces of a conflicting party, a member of the armed forces of a third state and is sent on an official mission IT CAN NOT BE CONSIDERED MERCENARY.
This category includes '' Contractor '' and PMS'C (Private Military & Security Company), that is, those companies specialized in security services to governments and large companies. Contractors are considered civilians and can be considered legitimate combatants pursuant to Article 43 Paragraph 3 of the Additional Protocol of 1977. This indicates that the members of an organization carrying out armed services in charge of enforcing the order are entitled to participate legitimately in war operations if they are following the Armed Forces of one of the parties to the conflict.
In the post-conflict phase, the Contractor remains in the status of '' Civile''perciò subjected to common legislation, both under the jurisdiction of the country where the same works and in the case accompanying the armed forces that issued by the occupying country.
This is easily deducible from the fact that the legitimate authorization for the port and use of firearms for contractors is regulated solely by the local government or by possible employment forces.
We operate in the first context, whatever may be said!
And in Italy? What would be the situation in our country?
The situation in Italy has improved a lot in recent years.
In legislative terms, the turning point came when the Court of Cassation - after the Quattrocchi case - considered it appropriate to apply the provision of the criminal code 288 of the 1930.
This provision was applied only once before Italy entered the war, in the 1938, but it became topical again in the 2004. In that case his violation was challenged to a person who, in competition with other people, was proceeding in the territory of the Iraqi State without the approval of the government to recruit three Italian citizens "to militate in Italian territory in favor of foreign armed forces (Anglo-American, to be precise), in concert and in cooperation with them, as opposed to foreign armed groups ".
The rationale behind the indictment is to prevent the usurpation of two special powers that belong exclusively to the State: the power of military conscription and the power to send military aid abroad.
Since the indictment concerns only the usurpation of these supreme functions of the State, only the one who enlists or arms is punished, while the enlisted or armed are not sanctioned. But in this specific case the investigators and the judiciary had not realized that they had exchanged an article of law entirely linked to a situation of conflict within the Italian territory to that purely of extraterritorial action.
I want to underline a very important thing that the outcome of this process has opened an important legal breach in the complex Italian regulatory system, and that today if there are several Italian 'Contractors' employed abroad that carry out their business with the utmost peace of mind it is due to the outcome of this process in which only a handful of us have fought to this end.
The Montreux Document of 17 September 2008 marks an important watershed for all the international law component linked to PMS'C. Italy is a signatory to it and has adapted to what I signed.
This document is the result of a slender initiative by the Swiss government and the International Committee of the Red Cross in the 2006 and is based on what was discussed at four different intergovernmental assemblies held over two years.
This is the first international document that defines the rules of international law applicable to the activities of military companies and private security companies (PMS'C) when the latter are present on the scene of an armed conflict.
The first part of the Montreux Document distinguishes between the states that employ PMSC, the states in which the PMSCs operate and the states in which these companies are based. For each category of State, Part I refers to relevant international legal obligations under international humanitarian law and human rights legislation. Furthermore, the question of the responsibility of the State that employs PMS'C for individual behavior of the relative personnel on the basis of customary international law is also addressed. Part I also addresses the duties of PMS'C and their respective staff, as well as the question of the responsibility of superiors.
In the second part the good practices concerning the established norms concerning PMS'C, arms and armed services are reported: introduction of transparent regimes, granting of authorizations, adoption of measures aimed at guaranteeing a better supervision and an increased responsibility, in so that only PMSCs that are likely to respect international humanitarian law and human rights legislation can provide their services. To this end, appropriate training, internal procedures and supervision are required. It is important to remember that Italy has joined and signed the Montreaux Document in the 2009.
As we said earlier, the stereotype of the PMS'C work is that of unscrupulous and ideologically exalted men.
Especially nowadays where the social climate is exacerbated by disappointing modernity and difficult to integrate multinational contexts, many feel the need to find their place in the world in a contractor society.
Erroneously we start from the assumption that the private operator can do what he wants and where he wants, that he has unlimited means and that the only limit attributable to him is heaven. This happens only in the movies or in contexts where the most absolute anarchy reigns.
Speaking with Gianpiero Spinelli, we discover that the reality of PMS'C is not so simple: "When you want to work in private security, knowing how to handle a weapon well is not enough. Having many roles to cover within a team, every single subject must have psychophysical characteristics and very important knowledge.Not everyone can become contractors and it is wrong to think that anyone who has a military or police background can become one automatically ".
What do you need to have or how do you need to be to become a contractor?
First of all, a good capacity for reasoning, accompanied by good physical fitness. Even if you are destined to be an analyst sitting on a chair behind a monitor!
Then it is important the cold blood and the ability to manage stress and fatigue, we spend several hours (up to 15 and beyond) to walk behind the subjects entrusted to us, we must guarantee their safety and evaluate whether that child who is running towards us it's a threat or not. If you don't have the nerves and you know how to manage your emotions you would shoot at everything that moves and is not good.
The training is equally fundamental because the fact of being engaged or not depends on this. If you never train or do you have basic knowledge that goes back many years before how can a subject - who already lives in a dangerous context - rely on you for his safety? Would you do it?
And the former soldiers?
For them the discourse is in a certain sense equal to those who pass through private security by civil.
The career military has a Mindset - mental predisposition - very specific for the work you will do. He has an offensive mentality, he must maintain the positions he has conquered, engaging the threat and opening fire for him is normal, they train him to this.
The military is said to have a mentality Fighting who expects combat and hostilities and does not flee from them when involved in high-risk situations.
The PMS'C operator, on the other hand, avoids the threat in everything and for everything that does not mean running away out of fear but making sure to secure the subject to be protected.
If the subject dies the contract is automatically unfulfilled and this means many things to us.
Il Mindset of the contractor is called of "Safe & Security" and works above all on the security of the protected subject and on avoiding the threat as far as possible. The contractor does not hold the position but leaves it as soon as he smells hostility.
The contract comes first and its acquittal is of absolute importance for all teams.
By virtue of what has been said it is easy to imagine how a former soldier should be re-educated and trained in this type of Mindset otherwise there is the risk of endangering everyone's safety.
Unfortunately it is not so easy to find serious structures that will train you well as a contractor. Many have reported inefficiencies on the part of many training centers for private operators.
Can you tell us what we should look to understand if we can really rely on a certain training company or if it is better to look elsewhere?
The question is difficult, there are no guidelines. First of all - and it also seems obvious to me - you need to be well informed before embarking on a course anywhere. Just open the internet and see what the reputation of the company you intend to go to is, today it's easy but when I started it was only going on through hearsay and knowledge. Once it is ascertained that the company has no scandals or has not already been the victim of some investigation, we move on to detail. But above all, importance must be given to the contents of the training courses offered. Today in the Italian scene there is a form of arrogance in this regard, many approach this world asking above all in exchange for a job at the end of the course.
There is a great underestimation of the importance of preparation, there are very few who have the humility to learn and then to approach the world of work, but this is linked to cultural reasons. Many do not have very clear what this job really is. Also because there are different types of assignments, so it is necessary to have specific skills and always prepare.
In detail, it is necessary to evaluate the CV of the individual instructors - being careful not to fall into false CVs - and the administrative situation of the company if it is in a phase of decline and if it has a slope of some kind.
It is not important that it is a large or small company because I repeat that the human factor is the fundamental one.
Insurance is the icing on the cake. In order for the company to be serious and reliable, it must have excellent insurance in the event of risk, damage or death.
From the KR & PI insurance coverage it is clear whether the company also has the necessary financial coverage suitable for guaranteeing real participation in this business world.
There are few serious companies that think only of profit, but it is up to us to evaluate from time to time who to trust.
PMS'C have sadly gone up in the news for very famous kidnappings often ended in tragedy and for irregular behavior that border on illegality, this due to the incompetence of some subjects, to the lack of a structure incapable of planning in a careful way, and also due to chance and fate.
Given the current economic conditions of many states, public opinion and governments are increasingly reluctant to pay a ransom. In case of seizure, who negotiates for the release of the kidnapped and possibly who pays the ransom?
The situation of the seizure is a delicate situation already in general, for us it is even more so.
There are two cases where we can find each other.
The first case is that in which the PMS'C has its own insurance policy regularly stipulated in the employment contract. In this case the policy with suitable professionals prepared for negotiation will have to find the right compromise between the release of the hostage and the interests of the kidnappers.
Normally the most reliable way of resolution - especially for small criminal organizations - is the payment of a ransom, in that case the insurance company pays the requested amount and works for the release of the hostages.
Obviously the Local Police is involved in a marginal way because the delegation for the management of the operations is left to the insurance.
The second case where the insurances are not present in the contract the negotiation is left in the hands of the governmental structures of the competent government.
As in any other case of seizure that of a contractor is to be treated with extreme delicacy and seriousness.
Unfortunately, since these are subjects strongly opposed by public opinion, their release is often considered a secondary priority.
The legal problems of the security and escort teams are directly linked to the kidnappings and to the reputation of the PMS'C.
The boring details of the post seizure or the legal notes related to the trials later developed at home after the return are often omitted.
Mr. Spinelli, how do you handle the legal problems of security teams? Who is dealing with it and how is the company involved?
Also in this case the competence is twofold and depends on the facts of which one is accused and in which one is accused.
In one case, only the person responsible for illegal gestures could be involved. For example, if you are involved in a fight because you are drunk or under the influence of drugs then the legal responsibility is solely and exclusively attributable to us.
Not only will the legal fees and the defense be borne by us but the company that hired us can rely on us for the negative image that is thrown on the company's reputation.
The situation is different when the company is responsible for example in the event of a firefight or accident, because our responsibility is linked to the task it has asked us to support. In this case, the company will absorb all the legal burden and will be responsible for defending its teams by virtue of the rules of engagement (to which the PMS'C are also subjected) and the situation at the time of the performance of the unlawful act.
In Italy and unfortunately your work abroad is also strongly linked to compensation. The mercenary has always been considered an overpaid subject who sells to the highest bidder just to earn, so could we explain to readers when a contractor really costs?
As in any other job the remuneration is based on the role that is covered, the responsibilities and seniority of service. Let's talk about figures.
The costs of a private escort service can even reach 7000 $ a month, but everything depends on the conditions in which you work and what is required by the customer. As I specified before when talking about Contractors we talk about a macro universe where different types of professionals operate, there are Intelligence Analist who work before we set foot on the field are paid more than us because they have responsibilities, years of studies behind them, they must be continually updated and prepared, they certainly cannot get paid a little money. There are '' Mentors '', '' Instructors '', EOD Technicians, Interpreters, Experts in Telecommunications and Logistics, K9 Operators, Paramedics etc etc, the fees change according to the contract and the professional category to which you belong.
Furthermore the comparison - wrong - is done with a regular Army soldier, the latter is supplied with materials, is trained at no cost by the State and his salary is used to live and support families. For us it is different, with that money we train, we move and of course we live, the speech is a bit different.
To calculate how much a job is honorable or not from the gain that comes from such work is a reasoning that in Italy is very much in vogue and that adapts perfectly to the work of the contractors.
Sometimes earning a high sum involves high risks and considerable personal preparation, not to mention that these are literally contract workers who are called only when there is a need. They can work for 6 months and earn what they need until the next contract.
Earning from your job is not something to be ashamed of, shame certainly does not belong to the figure of the contractor who earns a living like anyone else.
An equally important point of the disquisition on contractors is precisely the "VIP" (the person who assigns his protection or the client). As we often see in the films of traffickers and criminals there are always ex-paid and unscrupulous soldiers, but how do you work in the reality of a contractor?
The subject we work for is the first one from which we start our investigations, not only his safety but also ours depend on him. If he has any penalties, if he is a trafficker, if he is a criminal or if he has trouble with disreputable people, we will find out. The company refuses the job and nobody is authorized to work for this subject now or in the future.
Those who have little legal or even smuggling activities do not come to ask private security companies to escort them somewhere because they know they are subjected to very careful control, they run the risk of being discovered.
What we see in the movies or in some documentaries are subjects (maybe even ex-military) that have nothing to do with private security or contractors, they are criminals with those who hire them. Working for a criminal makes you a criminal, not a contractor, serious and respectable companies don't work that way.
We even work with NGOs, we have an excellent relationship and we allow them to continue their work thanks to the security conditions we create.
Movies are not reality.
You are also often engaged by governments of countries in crisis such as Afghanistan. Why do you often choose a private security company over the regular army?
The answer is in three key points: costs, contractual constraints and flexibility of employment and personal responsibility. Let me explain.
An escort in high-risk countries, an event in which to guarantee security or an in-depth analysis require money from the States, so much money.
We cost less than a professional soldier because once our task is over we go home and our bond ends when the initial contractual conditions end.
Compared to the army we have only the constraints deriving from the contract, we do not have governments to feel and public opinion to keep under control, the contract must be acquitted and will be absolved by any means in a context of legality and international law.
For all these reasons we are also more readily usable, if the company is called to operate tomorrow morning, tomorrow a team will be where requested by the client.
The army has by its nature a chain of command and a very long bureaucracy, it must refer to laws and protocols that slow down operations.
Once we know we can work in complete legality on foreign soil, we just leave.
Furthermore, the thing that often tilts the scales on our side is the personal responsibility of our CEO, the equivalent of a Brigadier General commander.
If you make a mistake or the contract is not respected to make up for it is the whole company, mistakes are paid out of our pocket often with the closure of the company since no one will want to work with it anymore.
If something goes wrong the scapegoat is always easily identifiable!
The arms trade, in times of crisis, is enjoying increasing success but there are still many obstacles to overcome so that these men with a decidedly non-ordinary job can be known and accepted.
In a country like ours where even the regular army is considered a useless appendix it is important to open an analytical and not journalistic discussion on the issue of private security.
That of the contractors appears as one of the fashions that will most tendency in the coming decades, this time too we avoid falling into an unhealthy stereotype ostracizing people who work honestly.
The contractors, like any new form of work, have their legislative gaps - especially in Italy - and certainly some episodes from the past have not done justice to the hundreds of private operators who, with seriousness and commitment, only want to work for the safety of other people.
Being a soldier without a camouflage does not mean betraying one's country, being a soldier without the tricolor shield does not mean not having a homeland, being a contractor does not mean being mercenary.
