Contracted Logistics Support in operational environments: The legal issues and their effects on the decision to outsource

Abstract

Since the birth of the republic, the United States has relied on contractors on the battlefield to meet logistical shortfalls. The use of contractors has proven to be an integral part of the militarygass warfighting capability. Americagass forces are now deployed in greater frequency and length, than at the height of the Cold War. As a result of this phenomenon and other related factors, the military is now more reliant than ever on contractors. This thesis analyzes the legal issues associated with using Contracted Logistics Support in operational environments. These issues are: that the military does not possess the authority to discipline contractors, that the military can not command and control contractors, that commanders must ensure contractors maintain their noncombatant status, and commanders must consider the risk of contractor nonb1sperformance. This thesis also analyzes the decision process of employing contractors using the Recognitionb1sPrimed Decision Model. This research offers recommendations and conclusions on improving the use of Contracted Logistics Support from a legal standpoint. Recommendations include revising U.S. law to address the current jurisdictional gap, redefining contractors that accompany the force as combatants, and revising doctrine to reflect the recommended changes to U.S. law and the Law of War.