Outsourcing the
Profession:
A look at Military
Contractors and their Impact on the Profession of Arms
Marc
O. Hedahl, Capt, USAF
NRO/IMINT/IGO
This views expressed in
this paper are solely those of it’s author and do not necessarily reflect the
views of the National Reconnaissance Office, the U.S. Air Force Academy, the US
Air Force, or the Department of Defense.
This paper contains
neither contains any classified information, nor was any classified information
used to support its conclusions.
At this
point in the War in
Perhaps the other
lasting images from the War in
What is even more novel and troublesome in
1. The
economic argument in favor of outsourcing is often misguided.
2. The core military function of fighting for and
establishing peace should never be outsourced because of the acute damage done
to the profession of arms and the society it serves.
3. If
other functions (e.g. logistics support) are outsourced, we need to vastly
improve both the way those contractors are incorporated into the military
structure and the way those contracts are managed
1.0 Why Outsourcing is
increasing
The Army has seen its expenses for service contracts go from
less than a quarter of its total budget only a few years ago to more than a
third for Fiscal Year 2004. In
1.1 Size of the Military
The
first reason that we see a dramatic increase in outsourcing involves the size
of the military itself. In 1989 the
total size of the
1.2 Oversight Requirements
The
second reason that the military is hiring more private contractors to do jobs that
had been traditionally accomplished within the military is that it is simply
easier to do so. This is similar to the
reason that many private companies turn to vendors or sub-contractors. Often times it would simply take too long or
not be as efficient to manage something in house as it would be to pay someone
else to do the work. In the case of the
1.3 Technology, “Private is better”
The
third reason that outsourcing is occurring involves the role of technology in
the way the
2.0 Why outsourcing
is problematic
Outsourcing is
certainly increasing at a dramatic rate, but that in and of itself is not
troubling. The initial results of these
contractors, however, are cause for concern.
Although it is only one example, it may be helpful to note that 50% of
interrogators at Abu Grabe at the time of the abuses were private contractors;
36% of the proven abuse incidents involved private contractors, and 35 % of
those contract interrogators have not had any formal military training. [10] It is also concerning that the contractors
involved in documented cases of abuse at Abu Grabe are apparently not subject
to any laws. They are not subject to the Uniformed Code of Military Justice
(UCMJ), they are not subject to the still ill defined laws of Iraq, and because
they were hired using an existing Interior Department contract and not a
Defense Department contract, they are apparently not subject to the laws of the
United States.[11] The lack of accountability, however, is far
from the only issue raised by contractors: they operate under a separate
oversight structure without any unified chain of command; they often have
different training and equipment than
Some may try to
universalize the issue and argue that military outsourcing is always a bad
idea. Yet upon some reflection there
appear to be many benign instances of outsourcing. The military has never developed and produced
its own weapons, and there seems to be no monetary or professional reason to
change that relationship with private industry.
Furthermore, if stateside military installations decide to hire
companies to complete building construction, grounds maintenance, custodial
duties, and food preparation, then they would seem to be making good use of
their resources more often than not.
It seems that
there are, however, three reasons that one might regard a particular act
of outsourcing a bad idea. The most
frequently discussed reasons are economic.
If it were more expensive to outsource a particular function, there
would be one good reason not to do it.
However, the ultimate goal of our military is not merely to be as cost
effective as possible, so one could also argue that a particular type of
outsourcing is problematic because of other direct consequences on the military
mission. For example, one could argue
that although it may be more cost effective to outsource certain military
logistical functions, the impact to military effectiveness makes this a bad
policy. Finally, one could argue that a
particular act of outsourcing was misguided because of the long-term impacts to
the profession of arms itself.[12]
Given these
potential objections, it seems important that military professionals get
involved with the debate about outsourcing.
While most of us may not be economic experts, we are knowledgeable
professionals and we need to play a central role in delineating the limits of
the profession. In effect, we must take
the lead in determining what functions need to remain within the military
profession because of the impacts to the profession of arms if they do
not. We also need to help clarify the
cost benefit analysis of outsourcing functions that are not central to the
profession of arms (e.g. logistical support, acquisition support). In effect, we need to make clear to the civil
authorities if they decide to outsource certain responsibilities what other
actions need to be taken to ensure mission success.
2.1 Economic issues
First, I will
examine the economic issues. Economic
arguments are, after all, the most frequent discussed, perhaps because money is
often the determining factor in many of these decisions. Before discussing the
economic issues, however, I need to highlight two important points. First, there will be several instances (e.g.
food services) where outsourcing not only saves money, but provides a better
product as well. Second, the economic
issues are not the expertise of military professionals in general or this
military officer in particular.
Nonetheless, it is important to point out that the increasing belief
since the 1990’s that private is better rests on the assumption that
free-market capitalism is operating. This assumption, however, is often
unfounded; there are several relevant dissimilarities. First, free market capitalism requires a
competitive environment, yet over the last 5 years over 40% of DoD contracts
have been sole source single bidder contracts.
Second, free markets rely on numerous customers, yet the military in
particular or the government in general is often the only customer. Finally free market capitalism rests on the
assumption that consumers cannot pass on economic inefficiencies, but the
military can pass these losses to the federal government and eventually the
taxpayers.[13] In other words, there is not the same market
incentive to require utmost efficiency.
Because of these facts, it seems reasonable to assume that outsourcing
will most likely provide a cheaper and better solution when these differences
are minimized (e.g. food service, computer support), and less likely to do so
when these differences are maximized (e.g. as a replacement or augmentation for
one of the army’s Heavy Infantry Divisions).
2.2 Professional issues
However, as I
noted earlier it is the professional and consequential issues that those of us
in the military are best suited to consider, so I will spend the remainder of
the discussion on those issues. Now, the
most fundamental reason one could argue against a particular act of outsourcing
would be because of the impact that action would have on the profession
itself. Any organization that is
contemplating outsourcing needs to first and foremost think about their own
core functions that should never be outsourced
This is true in any industry but it takes on special importance when we
are talking about a profession that is considering outsourcing duties to
members outside their profession. A few
examples may help illustrate this point.
For instance, there is a risk when members of a company disclose
proprietary sales numbers to an outside consultant. This risk would count as a good consequential
reason not to hire a consultant for this purpose. It is important to note, however, that that
is merely a risk to be weighed in the over-all cost benefit analysis. There will be many cases in which the
expertise gained from outsourcing is worth the risk. There is no foundational and irrevocable
damage done to the occupation of being a salesman in the unlikely occurrence
that this information is leaked to a competitor. In fact the very notion of such a harm being
done to an occupation is almost nonsensical.
Compare this case with a hospital that is considering exposing outside
researchers to client information. Here,
there is not merely an issue of consequential value but an issue for the
medical profession itself, since patient confidentiality is one of the tenants
of the medical profession.[14] This is not to say that this action cannot be
taken, merely that there is more to consider, and in effect more to risk when
we are discussing a profession and not merely an occupation.
There are of course two different usages of
the term ‘profession’. The more common
usage of the term refers to a vocation requiring
some sort of specialized knowledge.[15] There is, however, a much more robust meaning
of the term. A profession in this more
complete sense must have sole responsibility for a given function, it must have
a code of ethics or a code of unacceptable behavior, and it must be internally
responsible to reprimand those who fall to meet the standards of the
profession. [16] Salesmen and women can be professional in the
more common use of the term; the medical and legal professions are two examples
of professions in the more robust sense of the term. These are activities where the function is
extremely important to a society, where not only is special training required,
but a higher or at the very least specialized and functional code of ethics is
required as well.[17]
So while it be
troubling for members of a company to see many of their responsibilities
outsourced to those with similar skill sets or training; it is devastating to a
profession to allow those outside of the profession to conduct the core
function that had been the exclusive domain of the professionals who are
selected, trained, and disciplined internal to the profession. When HMO’s can dictate what treatment a
patient receives, it is not only dangerous because people may sometimes get a
sub-optimal treatment.[18] After all, people sometimes get sub-optimal
treatment because of policy decisions put in place at hospitals.[19] In the case where those outside of the
medical profession (i.e. doctors and nurses) are dictating care, however, there
are much more serious and fundamental long-term consequences. We have in effect damaged the profession
itself. We have torn it apart from
inside. The medical profession was
created in order to improve society.
There are numerous unseen and possibly unknowable advantages to the
existence of a medical profession that we are undermining with this brand of
outsourcing.
2.2.1 Danger to the military profession
Now, some may
initially believe that private contractors will never reach the level of
infringing on the core function of the military profession itself, but those
beliefs may have already have been proven to be naïve. While the ratio of private contractors to
soldiers in the first Gulf War was one to one hundred, the ratio just before
the invasion of
Of course,
percentages and the casualty toll cannot provide complete insight to the
problem particularly in today’s 360-degree battlefield. Although there may be
some concerns in oversight, there is probably no more harm in outsourcing KP
duty to private companies than there is Hospitals outsourcing their cafeterias,
there are certainly some functions that outsourcing would harm
irrecoverably. And, private contractors
are not merely washing clothing, building housing, and serving meals. They are
driving supply trucks through unsecured areas of
2.2.2 The foundation of the profession
The argument most
frequently provided in favor of these security officers is that they do not
infringe upon the core military function because they are merely providing
security similar to private security officers throughout the world. We have private security personnel protecting
business in dangerous countries and government buildings within the
In order to respond to this argument perhaps
the most important task is to discuss briefly what exactly the central function
of the military profession is. While
some may initially think that it is merely putting oneself in danger for the
betterment of the nation-state, this cannot be correct. For, in today’s society nearly all members of
the government and many others as well do to this to some degree or
another. It has to be a difference in
quality and not merely quantity that sets the military apart. Sir Hackett
famously argued that the core function was the management of violence in the
service of the state.[23] This is certainly true, but to be more
precise it is not just any violence, but rather combat for which the soldier is
the expert. It is precisely his or her
possibility to engage in combat, or more precisely, the capability to become a
lawful combatant that sets the soldier apart.
So, we may not require the US Department of Transportation in
2.3 Other consequential issues
These contractors,
however, are only a percentage of the more than 20,000 serving in
More support here
3.0 Impacts
The reports of contractors participating in
combat and abuse of prisoners are troubling. They are even disturbing when we
realize the full impacts of these actions.
Particular acts of outsourcing can be merely unnecessarily expensive, or
worse they can lead to dysfunction.
Both of these effects, however troubling, can be avoided or at least
mitigated by better management and integration.
However, the negative impacts to a profession of outsourcing the core
function of that profession is perhaps the most troubling and least discussed
aspect of outsourcing. Furthermore, the
differences between the military profession and other professions merely only
serve to augment those disturbing impacts.
3.1 Uniqueness of the military profession
In fact the impact
of outsourcing of the military profession is even more problematic than the
outsourcing in other professions. For,
while there are significant negative impacts to the medical profession and the
society it serves when those outside the profession practice medicine, there
are even greater impacts when those outside the profession of arms are allowed
to be soldiers. There are two reasons
for this. The first involves the nature
of the right involved in the each profession.
While medical treatment may be a right, it is at best a right that can
be limited at times, either by my inability to provide care or the rights of others. The exercise of triage is perhaps the best
example that even if I have a right to healthcare, that right has limits that
are frequently reached by the ability of others to provide that care. The types of rights that a non-combatant
possesses (e.g. the right not to be tortured, the right not to be raped, the
right not to be used as a mere means to win the war) are far more fundamental;
and if they are limited at all, those limits are reached in only those most
extreme circumstances. [26]
Therefore, it seems reasonable to conclude that the practice of medicine by
those not trained in or more importantly held responsible by the medical
profession would have a less severe impact on the rights of innocent than
similar actions undertaken by those outside the profession of arms.
3.2 Nobility of the military profession
Perhaps more
importantly, however, is the role the former professionals would take on
without the existence of the profession itself. The point of the medical
profession is to restore health, an intrinsically valuable activity. Therefore,
the role of individual doctors would still be noble without the existence of
the profession. They would dedicate
their days to some activity necessary to try to help people become healthier. A woman with CPR training struggling to save
a victim on the side of the road may not be a medical professional, but her
actions are clearly morally praiseworthy.
The point of the military profession, however, is warfare, a job that
often involves both the intentional deaths of combatants as well as the deaths
of countless innocents. These are
actions that if they have any value at all must have some great extrinsic
worth, because they by themselves great tragedies. For war, as Walzer reminds us, is worse than
Hell, for in Hell at least in Hell there is total and complete discrimination. [27]
At least in Hell, we play no direct part in its creation; we are
all brother and sisters in suffering. In
war, however, we are the architects as well as the inhabitants of a land where
the innocent suffer along with the guilty.
Therefore, the
nobility of soldiers, if there is any at all, must be found something other
than their direct actions. The place
that is most frequently cited is the war itself or the greater cause. The
problem with this justification is that soldiers would only be involved in
noble actions when their cause was just.
When their cause was unjust, they would not merely be ignoble; they
would be some of the most contemptible criminals. To use Walzer’s example, soldiers who
followed jus in
Yet Walzer and
others claim that when soldier’s fight the war is not their crime.[29] Even if you believe that moral culpability
for an unjust war of soldiers is only mitigated, this claim can only make sense
with the military profession as a
foundation. If we can see even the
slightest hint of dignity in Rommel fighting the worst of wars in the best of
ways, it is due solely to the possible nobility of the military profession
itself. The profession of arms exists for the protection of the state and in
its noblest times the protection of the rights of others as well. If we are to serve a state we cannot choose
our wars. “If the subjects cannot serve
in the war except they are first satisfied of its justice the state would fall
into grave peril.”[30] Even the most noble of states has the
potential to engage in unjust wars. If
soldiers are as responsible for the
sins of our state as they are for their sins on the battlefield than the mere
possibility of an unjust war would appear to make joining the military an
immoral decision. We would have to even
condemn career soldiers who fight in just wars, for the choice they have
control over, joining the military, is nonetheless immoral. The choice they do not, and cannot
practically speaking, have control over is what wars their country will fight.
Even this accident of a just war cannot retroactively make their choice to join
the military praiseworthy or even acceptable.
This is why the
possible degradation of the military profession is so problematic. The line between noble calling and immoral
occupation is not a fine one but it is supported only by the existence of the
profession of arms. If the state ever hires
contractors to fight its wars the way they do to build their tanks, then they
would become much like the man who joins a revolution, morally culpable for
not jus in bello but jus ad bellum as
well. It is important to note, however,
that this would not be merely true of the members of a PMF, but any of their
“regular” forces as well. A profession in the most robust sense of the term can
only exist if it is solely responsible for the execution of its core function
as well as the training and discipline of those members who fail to live up to
the higher ideals that the profession demands.
Although the actions of one or two isolated individuals outside the
profession do not undermine the profession, the members within the military can
no longer call themselves part of the profession of arms if they become only a
piece of the battle plan.
3.3 Mercenaries vs. soldiers
Now
some may object that the use of contractors in war conducting security and
minor hostilities is as devastating to the profession as I have argued. They may note that professional soldiers have
often fought alongside mercenaries; in fact professional officers were often
put in charge of them in the 18th and 19th centuries. If we continue to use military contractors in
security roles in which they could see combat, however, we find ourselves on
the horns of a dilemma that gets more and more problematic as their numbers
increase. We are left with two options.
First, we could broaden the scope of the profession of arms to include these
PMFs by making training and punishment consistent, and bring them within the
unified chain of command. We could
become, in effect, like our 18th and 19th century brethren. There are, however, several reasons why this
seems like a bad idea. We would have to
create a new training regiment, a new accountability system, and integrate
these contractors into a unified chain of command. These changes would be so dramatic from the
way contractors currently operate that I wonder if there would be any benefit
to continue outsourcing these functions. Furthermore, there is the very real
possibility of damage to the morale of our troops when the contractors they are
fighting alongside have better equipment and get paid significantly better. [31]
The Outsourcing can also negatively impact the ability to retain crucial,
skilled personnel within the military itself.
For example, there are reportedly more former British Special Forces soldiers
working for PMFs in
There are even
more severe consequences, however, if we let PMFs operate independently of the
military professionals within our nations military. We have similar issues of moral and
retention. In addition, the negative consequence of the breakdown in a cohesive
battle plan when you have in essence two groups fighting along side each other
using separate communications systems are even
troubling . Furthermore, these
contractors cannot be considered “lawful combatants” under the 3rd Geneva
Convention so long as they remain outside of a unified chain of command working
directly for the state.[33] Worst of all, we have ripped the profession
apart. We have fractured our training,
our accountability, and our ethical
codes. I do not believe that the crisis has yet reached the point where
talk of the military profession is meaningless, but I know that we cannot fight
alongside and independently of large numbers of mercenaries for extended
periods of time without becoming mercenaries ourselves, not because of the
effect that their actions will have on ours, but merely because their existence
destroys the ability for the profession to exist at all. If we ever reach such a point, our uniforms,
our medals, and even our codes of honor truly will become nothing more than
anachronistic window dressing.
3.4 “Once a Marine”
Some
may offer a final objection by pointing to a similar situation of acceptable
outsourcing within the medical profession.
If a doctor retires from his job as a surgeon, she may join a private
firm that the hospital hires to make policy decisions about future patient
care. Surely this action is acceptable
because she is after all, still a doctor.
Although she has left her position as a surgeon, “Once a doctor, always
a doctor”. In a similar manner, “Once a
Marine, always a Marine”. If former
Marines go to work for PMF’s there’s no more harm than if a former Doctors go
to work for consulting firms. After all,
he’s still been trained in the laws of Armed Combat. He has the same experience, perhaps even
more, than the current Marines with whom he’s fighting.
There
are, however, two important differences between these two cases. The most important difference involves the
key traits of the two professions, in this case accountability and chain of
command. In the case of the Doctor, she
is still considered a doctor for discipline purposes by both the Medical Boards
and the laws of the state when she is acting within the core function of the
medical profession. In other words, she
is still held accountable as a doctor when she makes decisions about patient
care. The same, however, cannot be said
for the former Marine. He clearly is not
held accountable for his actions as a combatant under UCMJ. Furthermore, the former Marine no longer
operates as part of a unified chain of command in service of the state, another
key component of the military profession.
The doctor is in the very real sense still a doctor while working for
the consulting firm; the Marine, however, can no longer be a Marine while
working for a PMF.
Furthermore, even
if this was not the case, there is no requirement that the PMFs hire only
former members of the
In the
post-Vietnam era, the military profession went through what some considered a
crisis. The justification for the war
was questionable and victory denied, but it was the lack of military
professionalism of a handful of servicemen and women more than any other factor
that caused the American military to rededicate itself to the profession of
arms. Today the profession may not yet
be in crisis, but it and its nobility are at the very least in danger of being
sold to the lowest bidder.
NOTES
[1]
Singer, Peter W. “Warriors for Hire in
[2]
Singer, Peter W., “The Contract the military Needs to Break” The
[3] Carter, Phillip “Hired Guns: What to do
about military contractors run amok”, Slate.com,
[4]Priest,
Dana and Mary Pat Flaherty Under Fire, Security Firms Form An
[5]
Carter, Phillip Hired Guns: What
to do about military contractors run amok, Slate.com,
[6] Mullen, Richard “Pentagon Needs better Contract
Oversight” Defense Today,
[7]
Perry, William J., Secretary of Defense, Annual Report to the President and
Congress, February 1995.
[8]
Rumsfeld, Donald H., Secretary of Defense, Annual Report to the President
and Congress, 2004.
[9]
Mullen, Richard “Pentagon Needs better Contract Oversight” Defense Today,
[10]
ibid
[11]
ibid
[12]
I realize here that the difference between negative direct consequences and
impact to the profession may well be a difference of quantity and not
quality. It may, therefore, be hard to
draw a sharp line between these two categories.
For instance, one could make the argument that a Hospital or Military
outsourcing its cafeteria has professional implications since both professions
care about the physical well-being of their soldiers and patients. Nonetheless, that difference seems important
enough to merit treating them as separate types of arguments. A law firm outsourcing its file maintenance
duties to temps should not be merely as problematic as if they were outsourcing
their legal counsel to those not admitted to the bar, regardless of how
competent and educated in the law those they hire may be.
[13]
Mullen, Richard “Pentagon Needs better Contract Oversight” Defense Today,
[14]
Carter, Phillip “Hired Guns: What to do
about military contractors run amuck” Slate.com,
[15]
The
[16] Hackett, Sir John
Winthrop, "The Military in the Service of the State," in War
Morality, and the Military Profession, 2d Ed, ed; Malham M. Wakin (Boulder:
Westview Press, 1986), 119. ; Malham M. Wakin, "The Ethics of Leadership:
I," and "The Ethics of Leadership: II" in War Morality, and the
Military Profession, 191, 208, passim.
[17] Hackett, Sir John
Winthrop, "The Military in the Service of the State," in War
Morality, and the Military Profession, 2d Ed, ed; Malham M. Wakin (Boulder: Westview
Press, 1986), 119. ; Malham M. Wakin, "The Ethics of Leadership: I,"
and "The Ethics of Leadership: II" in War Morality, and the Military
Profession, 191, 208, passim.
[18]
a consequentially bad effect but one that could be outweighed by some other
positive consequence, for example if more people are treated under this system
[19]
For example, people with less serious symptoms are often seen by people with
less training or expertise. While their
treatment is not designed to be optimal, it is designed to be adequate; and the
treatment of all patients is supposed to be optimized.)
[20]
Council on Foreign Relations. “
[21]
Singer, Paul W. “Warriors for Hire in
[22]
Carter, Phillip Hired Guns: What
to do about military contractors run amok, Slate.com,
[23]
Hackett, Sir John Winthrop, "The Military in the Service of the
State," in War Morality, and the Military Profession, 2d Ed, ed;
[24]
Mullen, Richard “Pentagon Needs better Contract Oversight” Defense Today,
[25]
Intelligence would be another area with large direct consequential concerns as
well as some professional concerns as well.
Interrogators in particular are problematic because of the potential for
jus in
[26]
I’m thinking of Walzer’s Supreme Emergency or some other similar criterion for
extreme and rare cases in which these rights can be overridden.
[27]
Walzer, Michael. Just and Unjust Wars. Third Edition. Basic Books,
[28]
Walzer, Michael. Just and Unjust Wars. Third Edition. Basic Books,
[29]
Ibid p.37
[30]
Ibid p.39
[31]
Private contractors are reported paid 2 to 10 times more than their military
brethren. Furthermore, I would be
surprised if body armor shops have sprung up outside the headquarters of
Blackwater
[32]
Singer, Peter W. “Warriors for Hire in
[33]
Carter, Phillip Hired Guns: What
to do about military contractors run amok, Slate.com,
[34]
Singer, Peter W. “Warriors for Hire in