In my opinion, if there are adequate mechanisms for the control of mercenaries (such as not allowing them to have more power than the public army, or the restriction to / of particular capabilities), having mercenaries in particular situations (such as people with a high degree of specialization) could be feasible.
The problem here is that they were given ample independent power with adequate supervision, again imho.
A regular army is supposed to go out, win a conflict ("shoot the bad guys"), go home, get decorated, enjoy pensions and glory; that's the core mission, and its core competency is (or rather should be) to get that done in the shortest possible amount of time (or even not getting engaged in the first place). A mercenary only gets paid as long as there is an ongoing conflict involving a wealthy-enough client. He's not interested in ending the conflict; thinking you can police him in seeing it some other way is just deluded.
An army that doesn't fight is a budget that is claiming to be cut, and you can see that discussion taking place in several european countries. In the United States, however, they have wars to fight, and so the army and its space is a huge industry, with one client, the US government; and if there are no wars to fight, it will quickly collapse.
There are in fact a lot of accusations that the military industry in the United States instigates action for that specific purpose. So they don't only keep alive the fire, as the mercenaries - they also push to start new ones! And I can tell you, the Army has more political force than mercenaries to do this.
It's a gimmick to create "littler government" and circumvent the incredible beaurocracy that the military itself has helped create. It's also a jobs program and wealth distribution channel for a very specific class of people. At the end of it all, it also serves some specific military needs, in Iraq black water didn't follow the same rules of engagement that the military did and military leadership wanted that.
So if there is a need for these forces, they need to be a lot more open about their operations with the government. With more oversight then even the regular troops and accountability up to CEO level of the company for actions performed by their armies.
None of that precludes that some parts of that structure to be private. You just need to have a structure that is resilient to non-compliance.
So I actually agree with you: if the United States want to use mercenaries, they should improve how they do it. But then again, there might be a way to do it that works.
I do not think this is practical or even desirable.
Instead, more and more, the US is trying to become a world government, with 6.7 billion people affected by their choices, indirectly taxed by their choices (US corps replacing local companies and transporting the profit out of the country), without any representation.
This is a very unbalanced situation, and is just asking for a revolution. Which will end up making life worse for almost everyone.
We need a fair world government if we want to do these things, and that means representation of all people.
Obviously, the US, which would lose the most from this, objects.
Until next war.
Or the weakness of those countries towards US that can be explained by recent history.
And what about the European and American nationals who joined the kurds to fight ISIS in Syria? Are they traitors and should be jailed because they fight for a foreign army?
These are regular army units where the enlisted are not native nationals.
The first sentence from linked article about French Foreign Legion says that The French Foreign Legion is a military service branch of the French Army established in 1831, unique because it was created for foreign nationals willing to serve in the French Armed Forces.
I repeat if it did not sink in: Foreign Legion and The Gurkhas are not private mercenary units, they are not private armies.
The main argument of calgoo was that "Private militarizes armies should NEVER be allowed to exist.".
This is very far from being "a very nationalistic position". He did not say that foreign nationals should not be enlisted into national armies.
So please, could we stop this bullshit now?
I do not have definitive answer (opinion) for your last question.
Perhaps the issue is that this power to commit crimes without punishment exists in the first place. Doesn't matter whether the government does it themselves or they delegate.
I really don't see why you draw a distinction. War crimes are war crimes, and should be punished regardless of the perpetrators.
Regarding state actors, I am 100% for punishing them, but see this as a bigger issue of corruption of morals and ethics in general. In the military i see the issue as a failure in the oversight processes and support frameworks. Military has always been secretive about their mistakes etc, which in my mind is understandable (not excusable). However, it seams like the compartmentalizing of the different areas of operations have completely sealed off the solders from any kind of support framework. Which means that anything that should be reported, never gets to the people who needs to see it.
This last part applies to the Blackwater types as well, with probably even more pressure to not do anything and look the other way etc.
Sure enough, the US is re-learning why mercenary armies have always been a bad idea throughout history.
The age of kings is long gone.
It's probably better for civilization if a democratic government has a monopoly on extreme force like bombers, WMDs. War is sufficiently stupid, it's probably better if entrepreneurs don't disrupt it, and the military remains the one 100% socialist enterprise in America.
When the United States left Iraq it left a huge security void which has allowed ISIS to thrive. Why would it be immoral for Baghdad to have hired a PMC to help defend against ISIS? It's not like Iraqi troops were somehow magically killing less civilians. When these cases happen they are written off as casualties and no one is ever punished.
The utter cowardice and incompetence of the Iraqi army has helped for 8 Million to live under the control of ISIS. Do you think these people would care if it was an Iraqi or Syrian who may accidentally kill them instead of a well paid mercenary? Do you think that it is more moral to allow these people to live under the constant threat of rampant murder or rape than it would be to allow for private militarizes to exist?
It seems to me that western soldiers aren't really supposed to die anymore. Every single lost American solider somehow matters 1000x more than some Iraqi, Syrian, or Ukrainian. Despite the US easily having the ability to eliminate the ISIS threat it does not. There just isn't the political will to send Americans into harms way. Meanwhile many security forces lack the capability of actually handling the threats they are encountering.
PMC's could possibly solve this. No one cares if a mercenary dies. I don't see a well paid mercenary abandoning their post, tanks, equipment, along with a city of a million without having fired a shot. You can't say the same about the Iraqi army. Even should PMC's have somehow a double or triple civilian casualty rate it would still be more moral for those civilians to die than allow millions of people to fall into the murderous regime of ISIS. Of course it will always be preferable for state forces to be able to handle the threats they encounter. But given the reality that many cannot and will not receive the boots on the ground assistance to win their respective conflicts and protect their citizenry, would it really be immoral for a private force to pick up the slack?
It's not like this man was trying to see fighter to ISIS or North Korea. He was trying to create services that would assist state actors against terrorists. Given that no one else is wiling to provide assistance with this, I cannot help but feel that the ends justify the means here.