Memorandum 17

The provisions, known as Memorandum 17 , contain requirements for the licensing of weapons as well as powers of action for private security companies in Iraq . The memorandum is part of the Iraq National Weapons Card Program (INWCP). The latter emerged in response to the particular problem that arose after the third Gulf War from the large number of unregistered weapons and people carrying weapons in circulation without official approval. The memorandum was drawn up by the coalition interim administration in Iraq and came into force with the establishment of the Iraqi interim government in June 2004.

In addition to the formal regulations for the licensing of weapons, the memorandum also contains requirements for the approval of private security and military companies as well as guidelines for their use of violence. The powers of private security companies to act are basically limited to deterrent and protective functions. Offensive military or police actions are not permitted. If their powers are violated, the private security companies must answer to the applicable criminal and civil law provisions in their countries of origin.

criticism

Memorandum 17 has repeatedly come under fire as the basis of legitimation for the activities of private security and military companies. In particular, the regulation, according to which violations of the regulations are to be negotiated under criminal and civil law in the home countries of the security companies, affects Iraq's sovereign rights and, in the opinion of critics, does not offer adequate threats of sanctions. Also in the opinion of some Democratic US-American congressmen, active support of coalition troops can often be classified as mercenary service and should therefore be subject to military law. In connection with events involving the American company Academi (then Blackwater Worldwide), there was repeated public controversy.