How To Discipline Private Contractors

What consequences do the companies involved in Abu Ghraib face?: “Criminal charges have been filed against the U.S. military personnel accused of torturing prisoners at Iraq’s infamous Abu Ghraib prison. Reports have also alleged that government contractors coached these soldiers on how to abuse the Iraqis, in apparent violation of international and domestic law. These contractors are not subject to military justice, and so far, the Justice Department has taken no steps to prosecute them. When private military contractors break the law, what can be done to discipline them?

Quite a bit, as it turns out. Misbehaving firms can have their government contracts terminated; they can be barred from competing for future contracts; and they may also be subject to civil and criminal liability. However, nearly all of these penalties are at the discretion of the agency that issued the original contract. Procurement officials, political leaders, prosecutors, and judges get to decide whether to sanction contractors for allegedly breaking the law in Iraq.” — Slate