Hired Guns and Higher Law: A Tortured Expansion of the Military Contractor Defense

Authors

• Valerie C. Charles, Benjamin N. Cardozo School of Law

Abstract

The note examines the legal challenges surrounding the accountability of private military contractors (PMCs) in U.S. military operations, particularly in cases involving human rights violations such as torture. It argues that the expansion of the military contractor defense to shield PMCs from liability under the Alien Tort Statute (ATS) would undermine federal policy interests and leave victims without effective legal recourse. The author advocates for judicial or legislative clarity on the applicability of the military contractor defense to intentional torts committed by PMCs and suggests that victims may need to seek redress directly from the federal government under the Federal Tort Claims Act (FTCA) if PMCs are granted immunity.

Disciplines

Contracts | International Law | Law

Recommended Citation

Valerie C. Charles, Hired Guns and Higher Law: A Tortured Expansion of the Military Contractor Defense, 14 Cardozo J. Int'l & Comp. L. 593 (2006).
Available at: https://larc.cardozo.yu.edu/cjicl/vol14/iss2/9