While there are some appealing arguments in favor of the United States employing mercenaries, there are also arguments against this position. One obvious set of arguments is composed of those that focus on the practical problems of employing mercenaries. These problems include broad concerns about the competence of the mercenaries (such as worries about their combat effectiveness and discipline) as well as worries about the quality of their equipment. These concerns can, of course, be addressed on a case by case basis. Some mercenary operations are composed of well-trained, well-equipped ex-soldiers who are every bit as capable as professional soldiers serving their countries. If competent and properly equipped mercenaries are hired, there will obviously not be problems in these areas.
There are also obvious practical concerns about the loyalty and reliability of mercenaries—they are, after all, fighting for money rather than from duty or commitment to principles. This is not to disparage mercenaries. After all, working for money is what professionals do, whether they are mercenary soldiers, surgeons, electricians or professors. A surgeon who is motivated by money need not be less reliable than a colleague who is driven by a moral commitment to heal the sick and injured. Likewise, a soldier who fights for a paycheck need not be less dependable than a patriotic soldier.
That said, a person who is motivated primarily by money will act in accord with that value and this can make them considerably less loyal and reliable than someone motivated by higher principles. This is not to say that a mercenary cannot have higher principles, but a mercenary, by definition, sells their loyalty (such as it is) to the highest bidder. As such, this is a reasonable concern.
This concern can be addressed by paying mercenaries well enough to defend against bribery and by assigning tasks to mercenaries that require loyalty and reliability proportional to what the mercenaries can realistically offer. This, of course, can severely limit how mercenaries can be deployed and could make hiring them pointless—unless a nation has an abundance of money and a shortage of troops.
A concern that is both practical and moral is that mercenaries tend to operate outside of the usual chain of command of the military and are often exempt from many of the laws and rules that govern the operation of national forces. In many cases, mercenaries are intentionally granted special exemptions. An excellent illustration of how this can be disastrous is Blackwater, which was a major security contractor operating mercenary forces in Iraq.
In September of 2007 employees of Blackwater were involved in an incident resulting in 11 deaths. This was not the first such incident. Although many believe Blackwater acted incorrectly, the company was well protected against accountability because of the legal situation created by the United States. In 2004 the Coalition Provisional Authority administrator signed an order making all Americans in Iraq immune to Iraqi law. Security contractors enjoyed even greater protection. The Military Extraterritorial Jurisdiction Act of 2000, which allows charges to be brought in American courts for crimes committed in foreign countries, applies only to those contracting with the Department of Defense. Companies employed by the State Department, such as was the case with Blackwater, are not covered by the law. Blackwater went even further and claimed exemption from all law suits and criminal prosecution. This defense was also used against a suit brought by families of four Blackwater employees killed in Iraq.
While there are advantages to granting mercenary forces exemptions from the law, Machiavelli warned against this because they might start “oppressing others quite contrary to your intentions.” His solution was to “keep him within the laws so that he does not overstep the mark.” This is excellent advice that should have been heeded. Instead, employing and placing such mercenaries beyond the law has led to serious problems.
The concern about mercenaries being exempt from the usual laws can be addressed simply enough: these exemptions can either be removed or not granted in the first place. While this will not guarantee good behavior, it can help encourage it.
The concern about mercenaries being outside the usual command structure can be harder to address. On the one hand, mercenary forces could simply be placed within the chain of command like any other unit. On the other hand, mercenary units are, by their very nature, outside of the usual command and organization structure and integrating them could prove problematic. Also, if the mercenaries are simply integrated as if they are normal units, then the obvious question arises as to why mercenaries would be needed in place of regular forces.
Yet another practical concern is that the employment of mercenaries can create public relations problems. While sending regular troops to foreign lands is always problematic, the use of mercenary forces can be more problematic. One reason is that the hiring of mercenaries is often looked down upon, in part because of the checkered history of mercenary forces. There is also the concern of how the local populations will perceive hired guns—especially given the above concerns about mercenaries operating outside of the boundaries that restrict regular forces. Finally, there is also the concern that the hiring of mercenaries can make the hiring country seem weak—the need to hire mercenaries would seem to suggest that the country has a shortage of competent regular forces.
A somewhat abstract argument against the United States employing mercenaries is based on the notion that nation states are supposed to be the sole operators of military forces. This, of course, assumes a specific view of the state and the moral right to operate military forces. If this conception of the state is correct, then hiring mercenaries would be to cede this responsibility (and right) to private companies, which would be unacceptable. The United States does allow private armies to exist within the country, if they have the proper connections to those in power. Blackwater, for example, was one such company. This seems to be problematic.
This concern can countered with an alternative view of the state in which private armies are acceptable. In the case of private armies within a country, it could be argued that they are acceptable as long as they acknowledge the supremacy of the state. So, for example, an American mercenary company would be acceptable as long as it operated under conditions set by the United States government and served only in approved ways. To use an obvious analogy, there are “rent-a-cops” that operate somewhat like police. These are acceptable provided that they operate under the rules of the state and do not create a challenge to the police powers of the state.
While this counter is appealing, there do not seem to be any compelling reasons for the United States to cede its monopoly on military force and hire mercenaries. Other than to profit the executives and shareholders of these mercenary companies, of course.