American Private Military Contractors Are in Kursk

A recent photo confirms that Forward Observation Group, a private military firm under contract with Ukraine, is active in Kursk.

The Russian Foreign Ministry said that the participation of the American PMCs on the side of the Armed Forces of Ukraine during the invasion of the Kursk region proves the involvement of the United States as a direct party to the conflict, and mercenaries automatically become a legitimate military target. The Foreign Ministry stressed that in relation to the American citizens involved, in accordance with the Criminal Code of the Russian Federation, the necessary investigative actions will be carried out to bring them to justice.

The Russian press accused FOG contractors of targeting civilians during the fighting. “With all due respect to the leadership of the Security Service of Ukraine, all questions should be addressed to them. We have no comments,” the company said in response.

Russo-Ukraine War: The Latest

In the spring of 2024, the latest Russia-Ukraine War seemed to be heading toward a stalemate. Ukrainian forces had driven the invaders from most of its territory, but Russia was entrenched in the east. Because the eastern region is mostly ethnic Russians, the Russian Army felt at home there. Then, things changed.

Ukraine’s Kursk offensive is the latest phase in this war and marks the first time fighting has occurred on Russian soil. Beginning with the 2022 invasion, Russia poured everything it had into the Ukraine war. The war was unexpectedly costly. Prior to the Kursk incursion, Russia was taking roughly 1,000 casualties a day, with corresponding equipment losses. Meanwhile, replacements (between 20,000 and 30,000 a month) and new vehicle production were barely enough to keep up with these losses. As a result, no one, and nothing, could watch Russia’s six.

Now, Moscow faces a difficult choice. It would likely require several months of recruitment and military production to stop Ukrainian advances and secure Kursk. Since Ukrainian forces in that region have the advantage of not defending Ukrainian territory, Kyiv can choose optimal locations to defend in the region, making Russian counter-offensives exceptionally costly. Alternatively, Russia could continue operations in the Donbas and pay the domestic price of ignoring the Ukrainian incursion and effectively ceding parts of Kursk and Belgorod to Ukraine. It is too early to say which Putin will opt for.

Widening the conflict has affected the air war as well. For months, Russia has been able to safely drop glide bombs onto fixed Ukrainian positions in the Donbas. But Ukrainian mobile operations in Kursk require much more dynamic air operations, and Ukrainian drones have downed numerous Russian drones. Furthermore, as its forces advance, Ukrainian drone strikes on airfields in western Russia have been effective. Russia is now forced to fly longer distances in attempts to stop Ukraine in Kursk. Longer flights mean fewer Russian bombs dropped per day. 

What Contractors Do

That last section touched on the major responsibilities of American private military contractors operating independently of U.S. regular service members in Kursk or anywhere else.

Make Troops Feel at Home

Many private military contractors aren’t “military” contractors, at least to some extent. Instead, PMCs are morale officers and construction workers. 

Morale officers help keep spirits up when troops are far from home and/or on the offensive. For years, Ukrainian morale has not been much of a problem. If my home and family were threatened, I could even pick up a rifle and fight with a pretty good attitude. But when troops cross that invisible line, the environment changes. Suppressed “why are we here?” thoughts quickly surface. 

In contrast, armies need construction contractors more during defensive operations. Damaged infrastructure must be repaired as quickly as possible. This responsibility is not as much of a priority when the army is on the move and, hopefully, victory follows victory.

Many contractors also develop relationships with the locals and gather intelligence so the army is more secure. This function is usually bigger in anti-insurgency operations.

Watch Your Six

U.S. law prohibits private military contractors from participating in offensive operations. But it doesn’t prohibit self-defense. Therefore, PMCs often handle seemingly mundane chores, like verifying IDs at checkpoints. 

PMCs are more reliable if one of these operations goes south. They are better able to defend themselves and the people they are charged with protecting than MPs. Additionally, contractors often have a better attitude about such tasks than regular servicemembers, who often believe such chores are punishments.

PMCs also secure perimeters and sometimes go off-base to defend the people they fight alongside and the people they serve.

Maintain Equipment

Sophisticated drones and other advanced weapons do not maintain themselves. Far from it. Most of these systems are a combination of a sophisticated computer and a rugged armored vehicle. Only certain people address both areas to keep this vital equipment in tip-top shape.

Injury Compensation Available

A trauma injury far from home is very expensive. Usually, seriously injured victims are stabilized at field hospitals and then transported to a larger facility that’s in another country or maybe even on another continent.

Deployment-related occupational diseases are likewise expensive. Illnesses like cancer and lung disease often lie dormant for decades before doctors diagnose them. By the time that happens, their illnesses are advanced, and treatment options are limited.

A Defense Base Act lawyer forces an insurance company to pay reasonably necessary medical bills. This benefit begins when an ambulance or other emergency transportation arrives at the scene and ends on the last day of physical therapy, at least in most cases.

The “reasonably necessary” requirement often delays settlements. Most insurance adjusters believe that “reasonably necessary” means the same thing as “cheapest available.” This delay often extends to an Administrative Law Judge review hearing.

At this hearing, which is more like a trial, Defense Base Act lawyers have full latitude to introduce evidence, challenge evidence, and make legal arguments. To avoid a fair fight with an experienced lawyer, most insurance companies settle DBA claims on victim-friendly terms prior to this hearing.

For more information about DBA lost wage replacement, contact Barnett, Lerner, Karsen, Frankel & Castro, P.A.