The Afghanistan War Commission, created by Congress shortly in the wake of the chaotic 2021 withdrawal, held its first public hearing in July 2024. Members will assess America’s longest war and make recommendations to help ensure leaders don’t make the same mistakes in the future.
“Today, we make history,” Shamila Chaudhary, co-chair of the commission, said as the hearing opened. “Never before has the United States commissioned such a wide-ranging and independent legislative assessment of its own decision-making in the aftermath of a conflict.
“The scope and the mandate are very ambitious, but the task is even more significant because it takes place in the immense shadow of all who sacrificed and served,” added Chaudhary, whose resume includes time at the State Department and National Security Council working on Afghan and Pakistani issues during the Obama administration. “Many of you are here today. To the hundreds and thousands of you service members, diplomats, aid workers, intelligence officers, contractors, and volunteers, this commission honors your commitments to defend U.S. interests.”
The hearing was held at the Washington, D.C., headquarters of the Veterans of Foreign Wars, which Chaudhary called a “fitting venue.”
“The veterans community was at the forefront of encouraging the U.S. government to have a commission exactly of this nature, so we owe them a great debt of gratitude,” she said.
Contractors in Afghanistan
Depending on your perspective, private military contractors were either part of the problem or part of the solution in Afghanistan. Given the multitude of roles that contractors successfully fulfilled for so many years, we vote for “part of the solution.”
Combat Support
During anti-insurgency campaigns like Afghanistan, phrases like “watch your six” and “keep your head on a swivel” take on entirely new meanings. Danger can come from anywhere, and no one can watch for all hazards all the time. That’s where contractors come in.
U.S. law prohibits private military contractors from participating in offensive operations. That is a good thing because combat contractors clearly know their roles. They are in the rear echelon during military campaigns, and they shoot only when shot at or otherwise threatened.
Non-Combat Support
That rear echelon could be following regular servicemembers as they go into battle or holding the fort while they are away. Both roles are vital to the success of an anti-insurgency campaign.
To many regular servicemembers, guard duty and similar assignments are a form of punishment. However, as mentioned above, contractors have clearly defined roles. Furthermore, they not only know their place. They know how important their place is, and they give it 100%.
Intelligence Gathering
Usually, intelligence gathering is a pre-combat operation. Contractors operate in areas before regular servicemembers and collect information about enemy presence and movements. Just as importantly, these operations help prevent citizens from cooperating with the other side, thus rendering them at least partially blind when the shooting starts.
Intelligence gathering is a process that starts with building relationships. Indeed, many of these relationships do not produce any useful intelligence for weeks, months, or even longer. Contractors aren’t short-timers. They do not watch the calendar and hope to make a big impact as soon as possible.
Instead, they are in for the long haul. If that means passing the baton to another group of contractors or regular servicemembers, so be it. Contractors are not upset when someone else eats grapes from vineyards they planted and grew.
Construction/Rebuilding
Wars are destructive, and today’s combat troops cannot use yesterday’s combat facilities. As a result, the duties of private military contractors do not stop when the shooting stops. More on that below.
Contractors in Southwest Asia
Private military contractors serve in these same basic roles and more wherever they are deployed in southwest Asia. These countries include:
- Syria: The long-running civil war appears to be winding down. Government forces control all the populated areas of Syria and most of the rest of the country as well. Now comes the daunting task of rebuilding Syria. Contractors are front and center in rebuilding efforts.
- Iraq: Rebuilding is a priority in Iraq, as well. Contractors supervise the construction or renovation of dams, bridges, hospitals, and other capital items. Furthermore, armed contractors discourage sabotage at these places. Armed contractors also provide additional security without committing American troops.
- GCCs (Gulf Coast Countries): Kuwait, Qatar, and other GCCs aren’t technically in southwest Asia, but they’re close, and contractors are on duty there. Like the contractors in Iraq, these contractors provide construction and security support. But the focus is a bit different. Instead of reassuring nervous Iraqis, contractors shore up support for American allies.
The situation in these Southwest Asian countries changes constantly, which is one reason the DoDo and State Department employ so many contractors. There’s no warming up or cooling down period. Contractors arrive ready to do a job, do that job, and leave.
Injury Compensation Available
The four primary areas of lost wage replacement, a key Defense Base Act benefit, somewhat mirror the four major duties of contractors in southwest Asia.
- Temporary Total Disability: Many combat support injuries cause TTDs. These victims must recover from falls, gunshot wounds, and other such injuries for months or even more before they can get back to work. In the meantime, the DBA pays two-thirds of their average weekly wage (AWW).
- Temporary Partial Disability: No one shoots at you during non-combat operations, at least in most cases. So, the trauma injuries aren’t quite as severe, once again, in most cases. If the victim can work part-time or at a light-duty assignment during recovery (TPD), the DBA pays two-thirds of the difference between the old and new incomes.
- Permanent Total Disability: The toxic exposure injuries commonly associated with industrial solvents and other construction tools are normally totally disabling. These victims cannot work because of their medical conditions. So, the DBA replaces some of their future lost wages, often in the form of a lump-sum payment.
- Permanent Partial Disability: Accidents during intelligence-gathering missions often result in the loss of a limb, digit, or other PPD. If that permanent injury impairs the ability to work, the DBA replaces some of those lost wages.
A Defense Base Act lawyer typically works with accountants and other non-legal professionals to determine a fair amount of lost wage replacement in permanent disability cases.
For more information about other DBA benefits, contact Barnett, Lerner, Karsen, Frankel & Castro, P.A.