Operation Contractor Shield: Extending the Government Contractor Defense in Recognition of Modern Warfare Realities

Comment by Trevor Wilson

This Comment addresses some of the many issues raised by the currently integral role private military contractors (PMCs) play in the U.S. military's operations in the “occupied sovereigns” of Iraq, Afghanistan, and elsewhere around the world. Private suits seeking damages have been based primarily on two theories of accountability. The first theory incorporates common law tort claims such as assault, battery, and infliction of emotional distress. The second invokes the Alien Tort Statute (ATS) as a basis for bringing claims for torture and other violations of international law.


About the Author

Trevor Wilson. J.D. candidate 2009, Tulane University School of Law; B.A. 2003, Fordham University, Fordham College at Lincoln Center.

Citation

83 Tul. L. Rev. 255 (2008)