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Journal articles on the topic 'Private Military and Security Companies (PMSCs)'
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1
Skuratova, A. Yu, and E. E. Korolkova. "Private military and security companies in international law." Moscow Journal of International Law, no. 4 (December 31, 2020): 81–94. http://dx.doi.org/10.24833/0869-0049-2020-4-81-94.
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INTRODUCTION. The article analyses the sources of international law, national legislation of the Russian Federation, as well as that of certain foreign States regulating the operation of private military and security companies (PMSCs) in armed conflict. The article highlights the out-comes of the work of the UN Special Rapporteurs and Working Groups to study the activity of PMSCs and the impact it had on the observance of human rights. The authors further analyze the status of PMSC personnel under international humanitarian law. The article also looks at the positions expressed by the delegations of Member States during the discussion of the 2010 Draft Convention on Private Military and Security Companies (PMSCs) and provides recommendations for developing an appropriate international regulatory framework. The authors also examined State practice of the implementation of the The Montreux Document on Pertinent International Legal Obligations and Good Practices for Statesт Related to Operations of Private Military and Security Companies During Armed Conflict related to the operation of private military and security companies during armed conflict.MATERIALS AND METHODS. The article contains an analysis of the main sources of international law, the documents drafted by the United Nations International Law Commission, special rapporteurs and working groups on the matter, and State practice. It also addresses Russian and foreign legal scholarship. From a methodological perspective, this study relied on the general scientific (analysis, synthesis, systemic approach) and private legal methods of knowledge (formal-legal, comparative legal studies).RESEARCH RESULTS. Based on the study, it is argued that an international treaty should be adopted to regulate the activities of PMSCs, which would establish mechanisms to monitor and hold PMSCs and their employees legally accountable.
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Petersohn, Ulrich. "Private Military and Security Companies (PMSCs), Military Effectiveness, and Conflict Severity in Weak States, 1990–2007." Journal of Conflict Resolution 61, no. 5 (August 23, 2015): 1046–72. http://dx.doi.org/10.1177/0022002715600758.
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For more than two decades, private military and security companies (PMSCs) have become increasingly involved in armed conflicts. A common view is that PMSCs are menaces who simply take economic advantage of—and thereby aggravate—already bad situations. Yet, empirical research has rarely investigated these claims or the impact of commercial actors’ selling force-related services. This article investigates how PMSCs impact the severity of armed conflict in weak states and advances the argument that PMSC services increase the client’s military effectiveness. In turn, increased military effectiveness translates into increased conflict severity, the extent of which depends on type of service provided by the PMSC, the level of competition on the market, and oversight.
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Avant, Deborah, and Kara Kingma Neu. "The Private Security Events Database." Journal of Conflict Resolution 63, no. 8 (January 30, 2019): 1986–2006. http://dx.doi.org/10.1177/0022002718824394.
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Since the 1990s, the private provision of military and security services has become a common feature of local, national, and transnational politics. The prevalence of private security has generated important questions about its consequences, but data to answer these questions are sparse. In this article, we introduce the Private Security Events Database (PSED) that traces the involvement of private military and security companies (PMSCs) in events in Africa, Latin America, and Southeast Asia from 1990 to 2012. We describe the PSED project, highlight its descriptive findings, conduct a replication and reanalysis of Akcinaroglu and Radziszewski’s contract data in Africa, and compare the two databases’ coverage of Sierra Leone from 1991 to 1997. Our analysis demonstrates new insights into the relationship between PMSCs and civil war duration, confirming a correlation between PMSC presence and shorter conflicts, but questioning the logic Akcinaroglu and Radziszewski propose. It also points to a number of productive paths for future research.
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Nebolsina, М. A. "Private Military and Security Companies in UN Peacekeeping Operations: Problems and Perspectives." Journal of International Analytics 11, no. 3 (December 31, 2020): 61–77. http://dx.doi.org/10.46272/2587-8476-2020-11-3-61-77.
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While some of the UN member states refrain from providing peacekeepers due to security reasons, the UN frequently turns to the private security market for support. In turn, private military and security companies (PMSCs) take on risky missions and fill in the procurement gaps. It is common practice to criticize PMSCs for not having a clear international legal status, operating in the “grey” area of the law and not being accountable for their actions. Furthermore, the UN often equates PMSCs to mercenaries of the past and calls for strict regulation and surveillance of their activities. This practice has remained unchanged since the 1992 reforms, and the UN has done nothing to reduce the involvement of PMSCs in peacekeeping missions. On the contrary, it has, under pressure from lobbyists for the private security industry, actually increased security expenditures for PMSCs by unprecedented amounts. The UN’s position as a unique universal intergovernmental organization exempts it from a great deal of transparency, accountability and reform. While the private security industry includes various PMSCs that compete for contracts in conflict zones and post-conflict areas, the UN does not have any kind of competitor in peacekeeping procedures. The UN criticizes PMSCs for their blatant human rights violations and disregard of international law, yet continues to contract them for its peacekeeping missions. This paper examines the problem of involving PMSCs in UN peacekeeping operations. It aims to answer the following main questions: How do PMSCs, as partners of the UN in the peacekeeping process, contribute to the protection of human rights, which is one of the organization’s basic declared principles? Can PMSCs become a recognized instrument within the UN system? Would UN peacekeeping eff orts improve as a result of hiring PMSCs?
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Korol’kova, E. "Evolution of United States’ Private Military and Security Companies: The Case of Afghanistan 2001–2021." International Trends / Mezhdunarodnye protsessy 20, no. 1 (2022): 122–47. http://dx.doi.org/10.17994/it.2022.20.1.68.7.
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The withdrawal of troops on 31 August 2021 which was carried out in accordance with the Agreement signed on 29 February 2020 between the U.S. government and the Taliban (an international terrorist organization banned in the Russian Federation) marked the end of the international military campaign in Afghanistan which lasted twenty years. Assessing the preliminary outcomes of nearly a quarter-century of the US military and their NATO allies’ presence in Afghanistan, U.S. President Joseph Biden announced the end of “an era of major military operations to remake other countries”. Though the consequences of the Western coalition campaign in the area remain to be evaluated and they are unlikely to turn out to be unequivocal, the Atlantic strategy aimed at rebuilding and democratization of Afghanistan proved itself as bankrupt. Our research focuses on the way the twenty-year military campaign in Afghanistan affected the development of the U.S. private military and security companies (PMSC) industry. For these purposes, we, firstly, studied and traced the transformation of the private military and security services market in the U.S., and examined the changes of approaches and mechanisms used to contract PMSCs. Secondly, we analyzed the way the U.S. authorities addressed the challenges new market evoked, focusing on the measures of legal regulation that were applied to PMSCs, and the way the working of the U.S. institutional mechanisms was transforming. The final part of the research contains conclusions on the perspectives for the development of the American PMSC industry after the withdrawal of the U.S. troops from Afghanistan. We believe that due to its duration and continuity, the Afghan operation ensured a launchpad for the PMSC industry and provided conditions for private military and security companies to acquire and master high-end experience which in turn, contributed to the development of a certain market that goes well beyond the involvement of conventional human capital. It provided solutions for the production, utilization, and maintenance of the equipment and technologies, allowing the minimization of the direct participation of specialists in hostilities. Alongside the development of the American PMSC industry itself, the research studies the investigations conducted by the U.S. authorities into the cases of abuse committed by the contractors during their participation in Afghan war. It discusses the way this practice encouraged the transformations of United States procedures and mechanisms aimed at reducing malpractice when performing contracts and launched changes in U.S. legislation. It also demonstrates the lessons learned by the U.S. from the contractual practice with regard to the regulation of PMSCs. The research reveals the strengths and weaknesses of the American policy regarding PMSCs during the whole period of the military conflict in Afghanistan and helps to evaluate the success of the U.S. efforts in monitoring contractors across Afghanistan. To conclude, we reckon that considerable contractual experience acquired in Afghanistan ensures technological and procedural progress of the U.S. PMSC industry. Given the enduring rivalry between the U.S., Russia, and China, including in the military and technological spheres, the twenty-year experience of direct participation in hostilities by U.S. PMSCs boosted its competitive advantage compared to Russia and China, whose PMSCs still lack such an experience.
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Tkach, Benjamin. "Private military and security companies, contract structure, market competition, and violence in Iraq." Conflict Management and Peace Science 36, no. 3 (May 4, 2017): 291–311. http://dx.doi.org/10.1177/0738894217702516.
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Conflict environments exacerbate an incentive dilemma between employers and private military and security companies (PMSCs). PMSCs seek to maximize profits, but employers seek to minimize expenses and maximize services. We argue that PMSCs are influenced by two complementary economic factors: contract structure and intra-sector competition. Contract structures are set by employers and establish compensation constraints and intra-sector competition identifies potential replacements. Both impact service delivery. We find that PMSCs with contract structures that lack performance incentives, even in the presence of competition, increase the likelihood of violence in Iraq. PMSCs that lacked intra-sector competition had a similar but smaller effect.
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Pingeot, Lou. "The United Nations Guidelines on the Use of Armed Private Security." International Community Law Review 16, no. 4 (October 24, 2014): 461–74. http://dx.doi.org/10.1163/18719732-12341290.
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The un is increasingly relying on private military and security companies (pmscs) for a wide range of services. Until recently, un use of pmscs was not governed by systemwide rules and standards. The establishment of guidelines on the use of armed private security in late 2012 has led to greater accountability and transparency around this practice. The guidelines clarify the decision-making process and the criteria for the selection and hiring of companies providing armed security. However, they are overly reliant on self-regulation by pmscs and remain limited, raising questions about their capacity to avoid companies with objectionable records and prevent potential incidents. Moreover, the guidelines raise concerns that the use of pmscs by the un may become normalised, with yet unexamined effects on the organisation’s security policies and its image.
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de Groot, Tom, and Salvador Santino F. Regilme. "Private Military and Security Companies and The Militarization of Humanitarianism." Journal of Developing Societies 38, no. 1 (December 25, 2021): 50–80. http://dx.doi.org/10.1177/0169796x211066874.
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The widespread use of private military and security companies (PMSCs) in United Nations peacebuilding missions often undermines the effectiveness of these missions. PMSCs tend to encourage, in unnecessary ways, what is called security risk management and promote the militarization of humanitarian efforts. They encourage humanitarian aid organizations to protect their personnel with barbed wire fences, security guards, armed convoys, and secure aid compounds, even if the security risks are relatively low. Consequently, these militarized humanitarian efforts heighten the perception of risks and intensify security measures, which create physical and psychological barriers between humanitarian aid personnel and the local communities in which they carry out their tasks. This situation undermines local ownership of peacebuilding efforts and makes them less responsive to the local communities involved in these efforts. This article provides a comparative analysis of the nature of this problem and its effects in the Global South.
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Nebolsina, M. "The Problem of International Conventional Regulation of Private Military and Security Companies." World Economy and International Relations 65, no. 5 (2021): 95–106. http://dx.doi.org/10.20542/0131-2227-2021-65-5-95-106.
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Received 16.09.2020. The article examines the preconditions for the development of a UN convention on Private Military and Security Companies (PMSCs), and raises the question of the actors interested in creating such a document. It seeks to explain why the convention remained at the draft level, through the prism of contradictions associated with the development of international legal norms in relation to the known phenomenon of mercenarism, and in relation to new militarysecurity structures. The present text is devoted to the analysis of the problems in determining PMSCs’ status and in separating them from such illegal actors as mercenaries, as well as to studying the difficulties associated with the promotion of the UN International Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies, that arise in the scientific community and within the UN itself. In addition, the article touches upon the problem of privatization of international law and discusses intentions of private military and security industry to privatize specific issues of PMSCs’ regulation. It emphasizes the role of non-state actors that seek ways to participate in and influence the process of international conventional regulation. On the one hand, international legal binding mechanisms aimed at regulation of PMSCs are nagging. On the other hand, current legal norms are imperfect and seem to be inappropriate for the regulation of the fast growing and evolving phenomenon – PMSCs. The combination of states’ and non-state actors’ interests at the international level challenges the system of current conventional mechanisms. Besides, numerous approaches to the identification of the range of inherent governmental functions in military sphere vary from one state to another. Similarly, some PMSCs do not see any conflict with their unclear legal status while others seek ways to come out from the shadows of obscurity and clarify their status within the international law. The article tries to unveil a range of different problems in private security sphere and explain both the complexity of private military and security industry, the ambiguous approaches towards regulation of PMSCs and the challenges the international law faces with the emergence of new non-state military and security phenomenon. Acknowledgments. The article was supported by a grant from the International Studies Institute at MGIMO University, (Project No. 1921-01-07): “New Forms of Strategic Competition of the Great Political Powers in the 21st Century” as part of the “Analysis and Forecasting the Evolution of International Relations in the Context of a Changing Technology” project.
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TONKIN, HANNAH. "Common Article 1: A Minimum Yardstick for Regulating Private Military and Security Companies." Leiden Journal of International Law 22, no. 4 (October 28, 2009): 779–99. http://dx.doi.org/10.1017/s0922156509990227.
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AbstractTens of thousands of contractors work for private military and security companies (PMSCs) during armed conflict and occupation, often hired by states to perform activities that were once the exclusive domain of the armed forces. Many of the obligations and standards that guide states in regulating their armed forces are lacking in relation to PMSCs, raising concerns that states might simply outsource their military policy to PMSCs without taking adequate measures to promote compliance with international humanitarian law (IHL). This article argues that the universally applicable obligation ‘to ensure respect’ for IHL in Common Article 1 of the Geneva Conventions can provide a key mechanism for addressing these concerns.
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Janaby, Mohamad Ghazi. "The Legality of the Use of Private Military and Security Companies in un Peacekeeping and Peace Enforcement Operations." Journal of International Humanitarian Legal Studies 6, no. 1 (May 4, 2015): 147–87. http://dx.doi.org/10.1163/18781527-00601002.
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Outsourcing military and security services to the private sector is an emerging trend under international law. The shift to using private military and security companies (pmscs) in countries such as Iraq and Afghanistan has brought attention to the role that these companies may play in fulfilling functions that are normally monopolised by States or international organisations. The reliance of the un on pmscs has increased considerably in recent years, leading to the question of the legality of their use in various un operations. This paper focuses on two main aspects of the un’s use of such companies; (i) The engagement of pmscs in peacekeeping operations, either when hired by the un directly or when hired by a State and subsequently seconded to the un; and (ii) The participation of pmscs in peace enforcement measures adopted by the un Security Council according to Chapter vii of the un Charter. This paper argues that the use of pmscs in peacekeeping operations is lawful under international law, while their use in peace enforcement operations is not.
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MacLeod, Sorcha, and Nelleke van Amstel. "Private Military and Security Companies and Gendered Human Rights Challenges: Oversight or Blatant Disregard?" Business and Human Rights Journal 7, no. 1 (February 2022): 181–87. http://dx.doi.org/10.1017/bhj.2021.53.
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It is well documented that the private military and security industry has the capacity to do great gendered harms to both those it encounters and those it employs.1 Significantly, it is also a sector where a variety of human rights-based approaches, instruments and mechanisms have emerged beyond the United Nations Guiding Principles on Business and Human Rights (UNGPs).2 The International Code of Conduct for Private Security Providers (ICoC) addresses gender, and sexual and gender-based violence (SGBV), and explicitly requires private military and security companies (PMSCs) to integrate a gender perspective in their practices.3 Through an examination of publicly available documents and policies required for PMSCs certified as complying with the ICoC, this piece evaluates whether PMSCs do in fact integrate a gender perspective into their human rights policies and grievance procedures (see Table 1).4 Our study of certified PMSCs demonstrates that despite increased attention to the potential for negative gender impacts in the sector, companies have not developed gender-responsive policies and procedures. It can be said, therefore, that gender is not addressed in any meaningful way by PMSCs. More specifically, we conclude that PMSCs have not yet shown the required holistic understanding of gendered impacts and barriers that is required to respect human rights, and that further efforts are needed in the sector.
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GARB, MAJA. "PROBLEMS OF MILITARY SECURITY CONTRACTORSHIP IN IRAQ AND AFGHANISTAN." CONTEMPORARY MILITARY CHALLENGES, VOLUME 2014/ISSUE 16/4 (October 30, 2014): 125–26. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.16.4.rr.
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The issue of military privatization, where we refer both to the privatization of military supply and the privatization of military activities in general, has been very topical, especially in the period of Iraq War, which started in 2003, and later. Various private military companies had, of course, been active even before that (e.g. currently inactive companies Executive Outcomes and Sandline International) and external contractors have been increasingly providing for military supply ever since the introduction of the professional soldier recruitment. Nevertheless, Private Military Security Contractors (PMSCs) spread substantially during the topical conflicts in Iraq and Afghanistan. The work by Thomas R. Mockaitis Soldiers of Misfortune? (Strategic Studies Institute and U.S. Army War College Press, May 2014. ISBN 1-58487- 613-1) presents the functioning of PMSCs in the above-mentioned conflicts, while focusing on the issue of armed contractors. The author finds that, generally, logistics activities (troop housing and facilities, food service operations, laundry operations etc.) do not represent a problem when carried out by contractors. Armed members of PMSCs participating in U.S. operations are, however, something different. Based on the official reports, the author gives account of some of the most exposed incidents and problems (too early and unnecessary firing during armed escorting, inclusion of local contractors, paying warlords for smooth passage, the culture of impunity etc.), thus brutally revealing the problems of military privatization. Mockaitis mentions two main levels where decision-makers should pay attention to what a government contract with a PMSC means: i.e. control level and legislation level. Control is difficult, since contracts with private companies are not concluded only by the Department of Defense, but also by other government agencies. It is thus impossible to ensure control from one single point, and difficult to coordinate all U.S. stakeholders involved in operations. As far as international and national (U.S. and the country where the operation is taking place) legislations are concerned, the author establishes that PMSC members virtually enjoy immunity from prosecution. It becomes perfectly clear, both, from the Mockaitis’ monograph as well as from other sources that the military as well should be familiar with the problem of PMSC members’ participation in operations. The cooperation of national armed forces (an interesting fact is that Mockaitis capitalizes the word Soldier when referring to members of national armed forces) and contractors necessarily requires certain common bases. In this respect, military competence represents the least of a problem, since PMSC members are usually well-trained and have military experience. It can be established on the basis of a number of incidents that contractors in themselves represent a risk, since they do not abide by the principle of the minimum use of force and very quickly become involved in an armed conflict. The cooperation of national military with such entities does not only pose a direct threat to soldiers, but also worsens the attitude of the local population towards the armed forces in the area. Instead of contributing to the success of the operation, the contractors threaten its success. Mockaitis, however, underlines that all contractors cannot be equated. A number of them do a good and professional job. Nevertheless, the incidents provoked by the minority (Blackwater has proved to be an especially notorious company) reflect unfavorably on all PMSCs. In the conclusion of his monograph, which is short, though, (64 pages) considering the topicality and appeal of the discussed problem, Mockaitis recaps the experiences drawn from the functioning of military security companies in Iraq and Afghanistan and provides a few recommendations which would be good to take into consideration when hiring these companies to do military work.
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Nebolsina, M. A. "Private Military and Security Companies (PMSCs) in the Modern International Processes." Journal of International Analytics 13, no. 2 (June 28, 2022): 107–33. http://dx.doi.org/10.46272/2587-8476-2022-13-2-107-133.
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The period of rapid growth and development of the phenomenon, that is presently characterized as private military and security companies (PMSCs), coincided with the two processes of modern history of international relations: the end of the Cold War and the beginning of the U.S. Global War on Terror (GWOT) in Afghanistan. At the same time state attitude towards violence and transformation of warfare has been changing as well. Two diff erent approaches to the history of the private security market’ rise unveil the fact, that, in one way or another, the originators of the private security services were associated with the defense industry and armed forces. Non-state security actors look back on a history, that stretches to the middle and the second half of the 20th century – the period of national liberation movements across the world. Meanwhile, the 90-s of the 20th century marked the fast growth in the number of PMSCs and in the development and enlargement of the private security services’ market. Its growth is ongoing to date with gaining more new states that are interested in utilizing its capacity as an instrument of politics. Against the backdrop of the world political processes the private security market experienced technological growth and enhancement. Together with that, both the normative regulation and the approaches of the international community to the phenomenon of private military and security companies have been evolving and changing. Despite its functionality, fl exibility and technological advantages, the market of private security can challenge human rights as well as bare responsibility for the facts of corruption and improper fulfi llment of contractual obligations. Still the episodes of revealed grieve violations rarely reach courts, with infrequent cases of sentencing the perpetrators to punishment. These and other problems occurring in the private security industry require close attention by the states and international community, which has been making eff orts for elaboration of the applicable normative mechanisms to regulate private military and security activity for more than fi fteen years.
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Schneiker, Andrea, Magnus Dau, Jutta Joachim, Marlen Martin, and Henriette Lange. "Hiding in plain sight: Private military and security companies’ use of Twitter as a distraction tool." Media, War & Conflict 12, no. 4 (November 30, 2018): 483–503. http://dx.doi.org/10.1177/1750635218810912.
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Private military and security companies (PMSCs) have an image problem. They are frequently called ‘mercenaries’ or ‘dogs of war’, due to recurring scandals involving some of these companies, such as human rights violations, fraud and waste. Scholars have analysed the strategies that PMSCs use to distance themselves from such negative labels and to boost their image by studying the companies’ websites and advertisements. What is missing so far, however, is an analysis of how PMSCs use social media networking sites in order to present themselves in a positive light. In this article, the authors contribute to filling this gap. Based on assumptions generated with the help of literature on PMSCs, on the one hand, and on business communication and social media, on the other, they analysed the Twitter accounts of 58 PMSCs by using both quantitative and qualitative methods. Their findings suggest that PMSCs use Twitter similar to more generic companies: (1) to promote their own services and products, and (2) to monitor what others say about them. However, Twitter also serves a further purpose for PMSCs not acknowledged thus far. It helps to distract from what these companies are actually doing. Rather than engaging in more or less similar strategies as the literature on corporations’ social media use conveys, the functions of different platforms appear to vary across industries. In the case of PMSCs, their particular use of Twitter can be attributed to the sensitive nature of the security services they provide.
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Bures, Oldrich, and Jeremy Meyer. "The Anti-Mercenary Norm and United Nations’ Use of Private Military and Security Companies." Global Governance 25, no. 1 (March 1, 2019): 77–99. http://dx.doi.org/10.1163/19426720-02501002.
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Abstract This article offers an analysis of the influence of the anti-mercenary norm on the United Nations’ use of services provided by private military and security companies (PMSCs). It follows a constructivist approach which focuses on violations of the anti-mercenary norm within the UN system and on the justifications and condemnations of these violations in official UN documents. The findings suggest that while the anti-mercenary norm is no longer puritanical, two key aspects of the norm—the lack of a proper cause and the lack of control—remain influential within the UN system. Although all parts of the UN system nowadays routinely use a wide variety of services of PMSCs and the UN Secretary-General officially sanctioned security outsourcing in 2011, the UN continues to insist that it is only using PMSCs as a last resort, when no other options are available. The continuing need to justify the use of PMSCs’ services suggests that this practice challenges both the long-established identity of the UN as a key anti-mercenary norm entrepreneur and its ontological security.
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Mynster Christensen, Maya. "Shadow Soldiering." Conflict and Society 3, no. 1 (June 1, 2017): 24–41. http://dx.doi.org/10.3167/arcs.2017.030103.
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Contemporary warfare depends on private security contractors from countries in the Global South. In Sierra Leone, this dependency has produced emerging markets for private military and security companies (PMSCs) seeking to recruit cheap, military-experienced labor. This article explores how demobilized militia and soldiers in Sierra Leone negotiate categorical divides to make themselves employable for private security contracting in Iraq. Based on 19 months of fieldwork tracing militia soldiers as they move between shift ing security constellations, the article introduces the notion of “shadow soldiering” to explain the entanglements of public-private spheres and the blurring of boundaries between the visible and invisible that characterize these constellations. While scholarly work on PMSCs has increasingly highlighted the public-private interconnectedness, the article contributes an ethnographically informed perspective on how security contractors on the ground interpret such entanglements and how global security dynamics intersects with the local, everyday practices and processes that facilitate the supply of contractors.
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Tougas, Marie-Louise. "Commentary on Part I of the Montreux Document on Pertinent International Legal Obligations and Good Practices for States Related to Operations of Private Military and Security Companies During Armed Conflict." International Review of the Red Cross 96, no. 893 (March 2014): 305–58. http://dx.doi.org/10.1017/s1816383115000144.
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AbstractThe Montreux Document on Private Military and Security Companies (Montreux Document) was adopted in 2008 by seventeen States to reaffirm and, as far as was necessary, clarify the existing obligations of States and other actors under international law, in particular under international humanitarian law (IHL) and international human rights law (IHRL). It also aimed at identifying good practices and regulatory options to assist States in promoting respect for IHL and IHRL by private military and security companies (PMSCs). Today, fifty-one States and three international organizations have endorsed the Montreux Document. It contains twenty-seven “Statements” – sections recalling the main international legal obligations of States in regard to the operations of PMSCs during armed conflicts. Each statement is the reaffirmation of a general rule of IHL, IHRL or State responsibility formulated in a way that clarifies its applicability to PMSC operations. This article aims to detail the basis of each legal obligation mentioned in the first part of the Montreux Document (Part I). The article follows the structure of Part I, in order to better facilitate its comprehension. The second part of the Montreux Document, relating to good practices, is not covered in this article.
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Nedvědická, Vendula. "Potenciál využití soukromých vojenských a bezpečnostních společností nevládními organizacemi." Středoevropské politické studie Central European Political Studies Review 15, no. 2–3 (August 1, 2013): 149–74. http://dx.doi.org/10.5817/cepsr.2013.23.149.
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The paper deals with private military and security companies (PMSCs) providing their services for non-governmental organisations (NGOs). It includes a brief overview of the security environment from 1990 and how PMSCs have developed since then. There is also an analysis of the motivations behind the NGOs’ decisions to use the services of PMSCs and of cases when their services were used in practise. The paper attempts to explain the basis of the co-operation between these two parties during humanitarian operations and explores services provided by the PMSCs to NGOs. The author also considers the key prerequisites for successful co-operation between these two parties, as well as the other options, if any, which are available to NGOs in the area of security.
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Herbst, Kathrin. "Searching for legitimacy – Private military and security companies (PMSCs) overcoming ingrained stereotypes." Security Journal 26, no. 3 (May 6, 2013): 280–93. http://dx.doi.org/10.1057/sj.2013.17.
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Østensen, Åse Gilje. "Implementers or Governors?" International Community Law Review 16, no. 4 (October 24, 2014): 423–42. http://dx.doi.org/10.1163/18719732-12341288.
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This article explores the role of private security and military companies within the wider confinements of peace operations governance. To do so, the paper looks at the roles that pmscs play within two different us peace support initiatives as well as within un peace operations. Using theory lenses derived from the governance literature, the article finds that private military and security companies are already established actors within what it calls ‘the peace operations network’. By training forces, by building or reforming institutions, by supplying security and advisory services, or by being technological experts, private providers of military and security services carry out key tasks in the planning and implementation of peace operations. In the process, the paper argues, they ultimately exercise authority, make decisions and establish practices that often lay the foundations for the future management of security of local populations.
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Pattison, James. "From defence to offence: The ethics of private cybersecurity." European Journal of International Security 5, no. 2 (May 19, 2020): 233–54. http://dx.doi.org/10.1017/eis.2020.6.
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AbstractThe cyber realm is increasingly vital to national security, but much of cybersecurity is provided privately. Private firms provide a range of roles, from purely defensive operations to more controversial ones, such as active-cyber defense (ACD) and ‘hacking back’. As with the outsourcing of traditional military and security services to private military and security companies (PMSCs), the reliance on private firms raises the ethical question of to what extent the private sector should be involved in providing security services. In this article, I consider this question. I argue that a moderately restrictive approach should be adopted, which holds that private firms can justifiably launch some cybersecurity services – defensive measures – but are not permitted to perform others – offensive measures.
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DAVITTI, Daria. "The Rise of Private Military and Security Companies in European Union Migration Policies: Implications under the UNGPs." Business and Human Rights Journal 4, no. 1 (November 9, 2018): 33–53. http://dx.doi.org/10.1017/bhj.2018.21.
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AbstractThis article examines the involvement of Private Military and Security Companies (PMSCs) in both shaping and implementing the European Agenda on Migration (European Agenda), launched by the European Union in May 2015. The migration policies which have since been adopted have increasingly enabled the outsourcing to private security contractors of various border control operations, including those related to forced returns, administrative detention and security services for the Italian and Greek ‘hotspots’. The article argues that PMSCs frame, shape and entrench militarized responses in the European Agenda. It also contends that the current context of the European refugee ‘crisis’ meets the conditions of a high-risk context, as understood within the United Nations Guiding Principles on Business and Human Rights (UNGPs). This re-definition of the refugee ‘crisis’ as a high-risk context, in turn, enables the identification of heightened human rights obligations of home states and responsibilities of companies when implementing the UNGPs.
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Albasoos, Hani, and Musallam Al Maashani. "The private military and security contractors in armed conflicts under international humanitarian law." International Journal of Research in Business and Social Science (2147- 4478) 9, no. 3 (April 30, 2020): 149–56. http://dx.doi.org/10.20525/ijrbs.v9i3.653.
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The participation of private and military contractors in armed conflicts is the contemporary phenomenon that concerned policymakers and military strategists, particularly Russian contractors. This phenomenon attracts most politicians to set up initiatives and to draw international guidelines to all concerned parties. The purpose of this research paper is to investigate the condition of Russian private military and security companies (PMSCs) in recent armed conflicts. The research is based on the realism approach, which will help explain Russian state behavior towards PMSCs, while the neoliberalism approach will help to explore this phenomenon from the Russian economic perspective. This research applies inductive, exploratory, and qualitative approaches, which solely based on secondary resources and media contents. The main finding of this research shows that those contractors have obligations under International Humanitarian Law (IHL), but the only limitation is the state’s obligation to endorse them. Besides, it seems that an international treaty between countries could be a practical step towards having a useful regulatory framework.
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LIIVOJA, RAIN. "Regulating the Private Military and Security Industry: A Quest to Maintain State Control and Preserve Public Values." Leiden Journal of International Law 25, no. 4 (November 1, 2012): 1019–28. http://dx.doi.org/10.1017/s0922156512000568.
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Since the late 1980s, governments have increasingly relied on the services of private military and security companies (PMSCs) in attaining their defence and foreign-policy objectives. States with advanced armed forces (notably the US and UK but also many others) have seen the outsourcing of various support functions, such as logistics or communications, as a way of cutting costs. Conversely, states with weak militaries (for example, Croatia at the time of the break-up of Yugoslavia and Angola during the civil war) have used PMSCs to boost their actual war-fighting capabilities. More recently, international organizations and non-governmental organizations have also turned to PMSCs, largely to ensure the safety of their humanitarian operations in zones of conflict.
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Juma, Laurence, and James Tsabora. "The South African Defence Review (2012) and Private Military / Security Companies (PMSCs): Heralding a Shift from Prohibition to Regulation?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (May 17, 2017): 231. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2415.
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This article discusses the possibility of South Africa enacting a new law regulating private military/security companies (PMSCs) beyond the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act of 2006. It argues that such a possibility arises from the policy direction expressed in the Defence Review of 2012, and the recent developments at the international level, which indicate a shift towards accommodation of PMSCs as legitimate players in the security sector. The article surveys the current state of national and international law relating to PMSCs and illustrates how the emerging shift from prohibition to regulation has affirmed the need for legislative intervention in this field. It concludes that since the future is on the side of regulation and not prohibition, legislation that furthers the policy agenda envisioned by the Defence Review 2012 may be the best tool to unlock the inhibitions of the past and create a viable climate for reframing the debate on domestic law governing private militarism in South Africa.
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Pressler, Jessica. "Responsibility of the United Nations for the Activities of Private Military and Security Companies in Peacekeeping Operations: In Need of a New International Instrument." Max Planck Yearbook of United Nations Law Online 18, no. 1 (2014): 152–87. http://dx.doi.org/10.1163/18757413-00180006.
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This chapter deals with the rising deployment of private military and security companies (pmscs) in peacekeeping operations of the United Nations and the demand for an increased willingness on part of the international organisation to take on responsibility for potential wrongdoings by its contracted personnel. It aims to demonstrate that the un is vested with a legal obligation to ensure that the conduct of private contractors under its command complies with obligations under international law and identifies possibilities to formulate a new regulatory framework in light of the recent Montreux Process and the Draft Articles on the Responsibility of International Organizations. The chapter further outlines ways for remedial mechanisms for potential victims of pmsc peacekeeper wrongdoings and offers an insight into the general tension between the organization’s immunity and its accountability. While the un’s reliance on pmscs in peacekeeping operations is an efficient mean to secure troops, it must go hand in hand with the compliance of international legal obligations and institutional responsibility so as to ensure its legitimacy and credibility as a world organization mandated to maintain peace and security and to respect human rights.
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Egorova, Alexandra Konstantinovna. "Activities of private military and security companies: issues of legitimacy and law." Юридические исследования, no. 5 (May 2022): 13–22. http://dx.doi.org/10.25136/2409-7136.2022.5.38056.
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The article examines the assessment of the activities of private military and security companies through the prism of the legitimacy of their activities, the legitimacy of the decisions of the authorities on the basis of which they act and the legal norms regulating these relationships. An important issue is the difference in the legitimacy of state institutions, such as the army and the police, which traditionally implement the functions of the state associated with the monopoly on the use of force and private military and security companies, historically dating back to mercenary groups. The author touches upon the role of various national approaches to the regulation of PMSCs and their impact on public perception of their activities. The main conclusions of this study are to highlight the importance of the issue of the legitimacy of the activities of private military and security companies and the legitimacy of government orders for a balanced legal assessment of existing legislation, its problems and prospects for development. The philosophical and political dimension of the legitimacy problem makes it possible to expand the view of the situation for political actors and legislators in order to be able not only to create retrospective norms that can only respond to crisis situations in a limited way and not keep up with the development of the industry, but also to establish promising parameters that form the legal basis for the activities of private military and security companies.
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Soares, Salvador, and David Price. "REGULATING PRIVATE SECURITY COMPANIES (PSCs) AND PRIVATE MILITARY COMPANIES (PMCs) UNDER THE LAW OF TIMORLESTE." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 26, no. 3 (February 8, 2015): 472. http://dx.doi.org/10.22146/jmh.16035.
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Use of Private Security Companies (PSCs) and Private Military Companies (PMCs) in conflict and post-conflict countries has been the subject of ongoing critical discussion among scholars and media for many years. This paper assesses the legal status and responsibilities of PSCs and PMCs, and their operation in Timor-Leste where they are not properly regulated. It examines key legal issues, such as their definition and roles, scope and limits of operations, approved and prohibited activities, accountability, and monitoring. The paper also examines the impact of PSCs and PMCs on Timor-Leste law and society and offers astatutory framework for their management and regulation. Implementasi Private Security Companies (PSCs) dan Private Military Companies (PMCs) dalam negara yang sedang berkonflik dan pasca berkonflik telah menjadi subjek pembahasan penting diantara akademisi dan media massa selama bertahun-tahun. Penulisan ini akan menilai status hukum dan kewajiban PSCs dan PMCs, dan pelaksanaan kerja kedua lembaga tersebut di Timor-Leste dimana belum ada pengaturan yang mumpuni. Penulisan ini menganalisa isu-isu krusial mengenai beberapa pengaturan, seperti definisi dan peran, batasan dan ruang lingkup kerja, aktivitas yang diperbolehkan dan yang dilarang, akuntabilitas, serta pengawasan. Penulisan ini juga menganalisa implikasi dari PSCs dan PMCs di tatanan hukum dan masyarakat Timor-Leste, serta menawarkan sebuah kerangka undang-undang untuk manajerial dan pengaturan kedua lembaga tersebut.
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Perret, Antoine. "Privatization without regulation: The human rights risks of private military and security companies (PMSCS) in Mexico." Mexican Law Review 6, no. 1 (July 2013): 163–75. http://dx.doi.org/10.1016/s1870-0578(16)30022-1.
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Krahmann, Elke. "The United States, PMSCs and the state monopoly on violence: Leading the way towards norm change." Security Dialogue 44, no. 1 (February 2013): 53–71. http://dx.doi.org/10.1177/0967010612470292.
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The proliferation of private military and security companies (PMSCs) in Iraq and Afghanistan has raised many questions regarding the use of armed force by private contractors. This article addresses the question of whether the increased acceptance of PMSCs indicates a transformation of the international norm regarding the state monopoly on the legitimate use of armed force. Drawing on theoretical approaches to the analysis of norm change, the article employs four measures to investigate possible changes in the strength and meaning of this norm: modifications in state behaviour, state responses to norm violation, the promulgation of varying interpretations of the norm in national and international laws and regulations, and changes in norm discourse. Based on an analysis of empirical evidence from the United States of America and its allies, the article concludes that these measures suggest that the USA is leading the way towards a transformation of the international norm of the state monopoly on violence, involving a revised meaning. Although this understanding has not yet been formally implemented in international law, it has allowed a growing number of countries to tolerate, accept or legalize the use of armed force by PMSCs in the international arena.
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Starzmann, Maria Theresia. "Global privatized power." Focaal 2015, no. 73 (December 1, 2015): 114–24. http://dx.doi.org/10.3167/fcl.2015.730109.
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The practice of archaeologists and other heritage specialists to embed with the US military in Iraq has received critical attention from anthropologists. Scholars have highlighted the dire consequences of such a partnership for cultural heritage protection by invoking the imperialist dimension of archaeological knowledge production. While critical of state power and increasingly of militarized para-state actors like the self-proclaimed Islamic State, these accounts typically eclipse other forms of collaboration with non-state organizations, such as private military and security companies (PMSCs). Focusing on the central role of private contractors in the context of heritage missions in Iraq since 2003, I demonstrate that the war economy's exploitative regime in regions marked by violent conflict is intensified by the growth of the military-industrial complex on a global scale. Drawing on data from interviews conducted with archaeologists working in the Middle East, it becomes clear how archaeology and heritage work prop up the coloniality of power by tying cultural to economic forms of control.
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Gillard, Emanuela-Chiara. "Business goes to war: private military/security companies and international humanitarian law." International Review of the Red Cross 88, no. 863 (September 2006): 525–72. http://dx.doi.org/10.1017/s1816383107000768.
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AbstractRecent years have witnessed an increase in the number of private military and security companies (PMCs/PSCs) operating in situations of armed conflict, as well as a change in the nature of their activities, which are now increasingly close to the heart of military operations and which often put them in close proximity to persons protected by international humanitarian law. It is often asserted that there is a vacuum in the law when it comes to their operations. In situations of armed conflict, however, there is a body of law that regulates both the activities of the staff of PMCs/PSCs and the responsibilities of the states that hire them. Moreover, other states also have a role to play in promoting respect for international humanitarian law by such companies. This article examines the key legal issues raised by PMCs/PSCs operating in situations of armed conflict, including the status of the staff of these companies and their responsibilities under international humanitarian law; the responsibilities of the states that hire them; and those of the states in whose territory PMCs/PSCs are incorporated or operate.
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Pimentel, Cauê Rodrigues. "Entre o livre-mercado e o compromisso multilateral: opções de regulação internacional sobre empresas militares e de segurança privada/Between free-market and multilateral commitment: options on the international regulation of private military and security." Brazilian Journal of International Relations 4, no. 2 (August 20, 2015): 273–99. http://dx.doi.org/10.36311/2237-7743.2015.v4n2.06.p273.
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Este artigo tem como problema central o fenômeno das Empresas Militares e de Segurança Privada e seu papel no uso da força. O objetivo é analisar os processos de regulação para controlar este setor que floresceu a partir da década de 1990. Analisar-se-ão duas propostas negociadas internacionalmente: o “Projeto de Convenção” do Grupo de Trabalho sobre Mercenários das Nações Unidas que configura uma opção pelo controle tradicional através de tratado multilateral; e o “Documento de Montreux”, projeto de iniciativa suíça que congrega Estados e integrantes do setor privado para a criação de um Código Internacional de Conduta. A hipótese do artigo aponta que países exportadores de serviços de segurança, notadamente Estados Unidos e Reino Unido, favorecem uma saída de regulação pró-mercado que beneficia a iniciativa privada. Ao apoiar a iniciativa suíça, os Estados exportadores conduzem o debate e indicam que estas empresas não serão desmobilizadas, senão que este mercado crescerá nas próximas décadas apesar das preocupações sobre os efeitos da alienação do monopólio estatal do uso da força e suas conseqüências sobre os direitos humanos e accountability democrático. Para conduzir a análise, proceder-se-á uma observação detalhada dos principais documentos que formam a constelação de propostas de regulação, assim como notas sobre os processos decisórios através dos quais estes marcos foram elaborados e votados. Será possível apreciar como o tema da regulação das EMSPs não é somente um problema de natureza técnica ou jurídica, e sim um debate político onde prevalecem interesses econômicos e estratégicos que dominam a segurança internacional contemporânea.Palavras-Chave: Empresas Militares e de Segurança Privada; Mercenários; Segurança Internacional. Abstract: This article faces the problem of Private Military and Security Companies (PMSCs) and their role in the use of force. The objective is to analyze the regulation projects that aim to control this sector that has flourished since 1990. Here, two main international proposals will be analyzed: the United Nations’ Project sponsored by the Working Group on the use of Mercenaries, an option that emphasizes control through a conventional multilateral treaty; and the “Montreaux Document” originated from the Swiss Initiative and that congregates States and private sector in order to create an International Code of Conduct. The hypothesis of this article points that countries that are major exporters of security services, notably the United States and United Kingdom, prefer the Montreaux option and its pro-market character. By sponsoring the Swiss initiative, the exporting states lead the debate and indicate that these companies will not be demobilized and the market will grow in the coming decades, despite concerns about the effects of these companies on the state monopoly on violence and on human rights and democratic accountability. To achieve these objectives, we will conduct a detailed observation of the key documents that form the constellation of regulatory proposals, as well some notes about the decision-making processes by which these projects were drafted and voted. By doing this, it will be possible to understand how the issue of regulation of PMSCs is not only a problem of technical or legal nature, but a political debate where economic and strategic interests related to international security become visible. Keywords: Private Military and Security Companies; Mercenaries; International Security.DOI: 10.20424/2237-7743/bjir.v4n2p273-299
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Juma, L., and J. Tsabora. "The South African Defence Review (2012) and Private Military / Security Companies (PMSCs): Heralding a Shift from Prohibition to Regulation?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (January 16, 2014): 231. http://dx.doi.org/10.4314/pelj.v16i4.6.
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Kleyhons, Ferdinand. "Les Affreux en Irak. Die Teilprivatisierung des professionellen Blutvergießens in der heutigen Kriegsführung anhand des Beispiels des Irakkriegs." historia.scribere, no. 13 (June 22, 2021): 177. http://dx.doi.org/10.15203/historia.scribere.13.637.
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Les Affreux en Irak. The partial privatisation of professional bloodshed in modern warfare exemplified by the Iraq WarAfter the launch of "Operation Iraqi Freedom", the United States of America were engaged in war for the next eight years, in which they heavily relied on the assistance of private companies, known as Private Military Companies (PMC). The following paper uses the Iraq War respectively the following occupation of Iraq as a case study to examine the role of PMCs in modern warfare. It analyses the military branches in which PMCs provided support to the USA, including logistics, training, security, and even intelligence services. It also discusses the advantages as well as disadvantages of PMCs in current combat operations.
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White, Adam. "Mercenarism, norms and market exchange: Reassembling the private military labour market." International Sociology 33, no. 4 (May 29, 2018): 523–40. http://dx.doi.org/10.1177/0268580918775588.
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The article analyses how the norm against mercenarism shapes the legitimate parameters of exchange in the market for military outsourcing. The dominant interpretation of this dynamic is that neoliberal states and private military companies (PMCs) have come to restrict their transactions to non-combat functions in order to circumvent contemporary articulations of this norm. The article, by contrast, contends that even within these narrowed parameters of exchange, neoliberal states and PMCs have been required to work through the norm against mercenarism. Using the ‘global security assemblages’ approach, and drawing upon new data relating to the UK case, it explores how the Foreign and Commonwealth Office and PMCs have sought to appropriate symbolic capital from a domestic private security licensing regime so as to distance their non-combat transactions from the norm against mercenarism. In so doing, it facilitates a reappraisal of the regulatory potential of this norm within today’s pluralised military landscape.
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Davitti, Daria. "Beyond the Governance Gap: Accountability in Privatized Migration Control." German Law Journal 21, no. 3 (April 2020): 487–505. http://dx.doi.org/10.1017/glj.2020.19.
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AbstractThis Article focuses on the accountability challenges raised by the increased involvement of Private Military and Security Companies (PMSC) in migration control. I argue that migration control activities outsourced to PMSC can be classified as high-risk operations for the purposes of the application of relevant business and human rights standards. This reclassification of migration control activities as high-risk business operations, in turn, has two significant implications in terms of establishing accountability for PMSC’s wrongful conduct. First, it acknowledges that the privatization of migration control, especially within the context of continued containment and deterrence trends, entails a high risk of human rights abuses to which PMSC may contribute, both directly and indirectly. Second, this reclassification enables us to identify heightened obligations vested upon the home state of a PMSC, as well as the heightened responsibility of PMSC themselves. The article also examines what these heightened obligations and responsibilities entail.
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Johnson, Austin P., Nehemia Geva, and Kenneth J. Meier. "Can Hierarchy Dodge Bullets? Examining Blame Attribution in Military Contracting." Journal of Conflict Resolution 63, no. 8 (February 2019): 1965–85. http://dx.doi.org/10.1177/0022002718824984.
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The increased outsourcing of national security endeavors to private military companies (PMCs) raises questions concerning public evaluations of their performance and the extent to which government officials are held accountable. We use a survey experiment to test public blame attribution associated with a failed military operation that was conducted by either regular or private military personnel. Our findings suggest that there are multiple mediating pathways in the process of attributing blame in foreign policy. Furthermore, our findings suggest that contracting out military functions to a PMC can damage perceptions of performance, perhaps increasing blame attribution by the public. These impacts on the attribution of blame suggest that PMCs are viewed as inferior service providers by the mass public and politicians will be held accountable, directly or indirectly. Implications from our study add to the discussion on the outsourcing of military capacities which are rapidly expanding in the Western world.
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Pradnyajaya, I. Kadek Wahyu, and Made Maharta Yasa. "LEGALITAS DAN TANGGUNG JAWAB PRIVATE MILITARY AND SECURITY COMPANY DALAM INVASI IRAK OLEH AMERIKA SERIKAT." Kertha Semaya : Journal Ilmu Hukum 10, no. 7 (May 29, 2022): 1496. http://dx.doi.org/10.24843/ks.2022.v10.i07.p03.
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Amerika Serikat (AS) melibatkan Perusahaan Militer dan Keamanan Swasta atau “Private Military and Security Companies” (PMSC) dalam jumlah besar atas misi rekonstruksi Irak sejak tahun 2003. Keterlibatan dari PMSC telah menimbulkan banyak permasalahan khususnya kejahatan terhadap kemanusiaan (Crime Against Humanity) yang dilakukan kepada warga sipil dalam misi rekonstruksi Irak ini. Adapun tulisan ini bertujuan untuk mengetahui status hukum dari PMSC dalam invasi Irak oleh Amerika Serikat (AS) berdasarkan hukum internasional yang berlaku serta untuk menganalisa pertanggungjawaban dari Amerika Serikat (AS) selaku pihak yang menggunakan PMSC dalam invasi ke Irak yang telah menyebabkan banyak permasalahan bagi Irak. Tulisan ini merupakan penelitian yuridis normatif yang menggunakan pendekatan peraturan perundang-undangan, dalam hal ini perjanjian, konvensi dan instrumen internasional yang relevan, pendekatan kasus serta pendekatan sejarah. Kesimpulan yang didapatkan adalah PMSC merupakan sebuah perusahaan yang bergerak pada pelayanan jasa berupa bantuan militer atau keamanan. Kontraktor PMSC yang melakukan Penembakan terhadap warga sipil di Irak telah mengubah statusnya dari civilian menjadi seseorang yang tidak berhak diberi status sebagai kombatan ataupun tawanan perang. Adapun hal ini telah sesuai dengan unsur-unsur daripada pasal 47 Protokol Tambahan 1 1977 United Nation Mercenary Convention dan The Montreux Document. Dapat pula disimpulkan mengenai pertanggungjawaban dibebankan kepada Amerika Serikat selaku pihak penyewa PMSC yang telah melakukan banyak permasalahan khususnya kejahatan terhadap kemanusiaan (Crime Against Humanity) kepada warga sipil wajib dikarenakan telah terjadi pelanggaran terhadap Konvensi Jenewa 1949, Pasal 51 Protokol Tambahan I 1977 dan Statuta Roma 1998.
The United States of America (US) has engaged a large number of Private Military and Security Companies (PMSC) in Iraq reconstruction missions since 2003. The involvement of the PMSC has created many problems of crimes against humanity committed against civilians on this Iraq reconstruction mission. This paper aims to see the legal status of the PMSC in the invasion of Iraq by the United States of America (US) based on applicable international law and to analyze the accountability of the United States of America (US) as the party who used PMSC in the invasion of Iraq which has caused many problems. This paper is a normative legal research that uses statute approach, in terms of treaties, conventions and relevant international instruments, case approach and historical approach. The conclusion is that PMSC is a company engaged in services such as military or security assistance. PMSC contractors who carried out shootings on civilians in Iraq have changed their status from civilian to someone who is not entitled to the status of a combatant or prisoner of war. As for this, it is in accordance with the elements of Article 47 of Additional Protocol 1 of the 1977 United Nations Mercenary Convention and The Montreux Document. It can also be concluded that the responsibility imposed on the United of America States as the charterer of PMSC which has committed many problems, especially crimes against humanity (Crime Against Humanity), to civilians is obliged due to violations of the 1949 Geneva Conventions, Article 51 Additional Protocol I 1977 and the Rome Statute 1998.
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Volevodz, A. G. "Problems, principles and prospects of international legal regulation of activities of private military and security companies." MGIMO Review of International Relations, no. 3(12) (June 28, 2010): 78–88. http://dx.doi.org/10.24833/2071-8160-2010-3-12-78-88.
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Современная обстановка, характеризующаяся процессами либерализации, глобализации, сокращения военных потенциалов, привела к быстрому увеличению числа частных военных и охранных предприятий (ЧВОП). В связи с этим возник вопрос о законности их деятельности с точки зрения международного права. В статье рассматриваются текущее состояние и перспективы международно-правового регулирования индустрии ЧВОП, роли и месте России в его формировании. The current situation, which can be characterized by the processes of liberalization, globalization and reduction of defense budgets, resulted in a rapid growth of the number of private military and security companies (PMSС). In this connection, a question arose of legitimacy of their activities from the point of view of international law. The article considers the current status and the prospects of international legal regulation of the PMSC sector and, the role and place of Russia in its formation.
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Muratalieva, Zamira Tulkunovna, Asia Tashtanbekovna Esenbekova, and Nadezhda Sergeevna Tatkalo. "China in the Shadow of Russia: Covert Tools for Expanding China’s Influence over Kyrgyzstan’s Security." India Quarterly: A Journal of International Affairs 78, no. 1 (January 5, 2022): 88–103. http://dx.doi.org/10.1177/09749284211068166.
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The article examines the set of tools that China is using to expand its influence in Kyrgyzstan’s security sphere and the relationship of these actions to Russia’s traditional role in the region. Through in-depth interviews with experts in the military field, the authors conclude that Beijing is gradually ‘maximising power’ in relation to Russia, which still occupies a leading position in Central Asia (including education and the supply of weapons), in a manner that is non-aggressive and covert. These actions are reflected in the non-institutionalised nature of China’s interactions with countries in the region, which are more beneficial, in contrast, to institutionalised mechanisms. Beijing is betting on its ‘safe city’ system in Central Asia, which will allow the country to solve its own internal problems (Uyghur separatism, terrorism) while also strengthening Chinese influence in the security sphere by permitting it access to the data of Kyrgyz citizens and by making Kyrgyzstan more financially dependent on China; its educational programs for security service employees in Central Asia, which will, in turn, prepare the ground for the legalisation of the activities of Chinese PMCs (military contractors or ‘private military companies’).
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Nebolsina, Maria A. "Private Military and Security Companies." Russia in Global Affairs 17, no. 2 (2019): 76–106. http://dx.doi.org/10.31278/1810-6374-2019-17-2-76-106.
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Vestner, Tobias. "Targeting Private Military and Security Companies." Military Law and the Law of War Review 57, no. 2 (December 2019): 251–78. http://dx.doi.org/10.4337/mllwr.2019.02.02.
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (May 17, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2427.
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This edition of PER consists of eight articles, four notes and two book reviews covering a range of topics. The first article is by Oliver Fuo, a postgraduate student of the North-West University (Potchefstroom Campus). His contribution deals with the status of executive policies and the basis for their judicial enforcement in a constitutional and socio-economic context. He demonstrates that "executive" policies may be perceived to have the force of law, especially where their enforcement may be imperative for the realisation of socio-economic rights. Secondly, Ig Rautenbach of the University of Johannesburg considers empirical data on the effectiveness of the Constitutional Court during the period 1995 to 2012. He focuses on the following three questions: "How did the cases reach the court", "why did the court refuse to consider some of them", and "how often did the court invalidate laws and actions". In the third article, Magda Slabbert and Hendrik Pienaar, follows a multi-disciplinary approach to discuss the legal position of the locum tenens that is often used by medical practitioners in private practice. They recommend that a locum tenens be appointed as an independent contractor rather than an employee, and argues that the onus to ensure that he or she is registered and fit to practice rests on the principal. The fourth article by Carika Keuler deals with the "pay now, argue later" rule in terms of the Tax Administration Act 28 of 2011. She is of the opinion that the Act fails to address the imbalance between the duties of the South African Revenue Services and the right of the taxpayer to access the courts. JC Knobel, the author of the fifth article, gives an overview of the conservation status of eagles in South Africa. He discusses the existing legal framework and makes a number of recommendations to improve their legal status. Two authors, Laurence Juma and James Tsabora, both from Rhodes University, discuss the possibility of South Africa enacting a new law regulating private military and/or security companies, which they refer to as PMSC's. The seventh article by Johan Kruger and Clarence Tshoose gives a South African perspective on the impact of the Labour Relations Act 66 of 1995 on minority trade unions. In the eight place, Dave Holness offers an analysis of compulsory "live client" clinical legal education as part of the LLB course as a means of improving access to justice for the indigent.
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Buchan, Russell, Henry Jones, and Nigel D. White. "The Externalization of Peacekeeping: Policy, Responsibility, and Accountability." Journal of International Peacekeeping 15, no. 3-4 (March 25, 2011): 281–315. http://dx.doi.org/10.1163/187541111x572692.
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The post-Cold War trend towards the privatization of some of the security and military functions of post-conflict and conflict operations conducted by states is extending to peacekeeping operations undertaken by the UN and other organizations. This article examines the policies behind the increased use of private military and security contractors (PMSCs) in peacekeeping, considers the obstacles to accountability and responsibility caused by this development, and suggests ways of overcoming these obstacles to provide remedies for victims of human rights abuse at the hands of such contractors.
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Baker, Deane-Peter, and Sabelo Gumedze. "Private military/security companies and human security in Africa." African Security Review 16, no. 4 (December 2007): 1–5. http://dx.doi.org/10.1080/10246029.2007.9627440.
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van Meegdenburg, Hilde. "‘We don’t do that’: A constructivist perspective on the use and non-use of private military contractors by Denmark." Cooperation and Conflict 54, no. 1 (April 10, 2018): 25–43. http://dx.doi.org/10.1177/0010836718765901.
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In this article I put forward a social constructivist perspective on state use of Private Military and Security Contractors (PMSCs). I will argue that state outsourcing decisions are, to a large extent, shaped by nationally shared values, understandings and dispositions. Concretely, I first provide a detailed overview of the extent of domestic and deployed contracting by the Danish Defence and, thereafter, based on a number of semi-structured interviews, I expose the dominant understandings that shaped how PMSCs have come to be understood in Denmark. By so doing I can show that the employment of PMSCs by the Danish Defence remains comparatively limited because it is largely perceived as inappropriate and as incompatible with what it means to be ‘Danish’. Although Denmark too has to balance its international engagements with the limited resources allocated to defence (the typical functional pressures) Danish particular ‘soft’ neoliberalism and ‘hard’ commitments to IHL speak against using private actors to make that possible. This means I take in the more abstract, macro-level discussions on the end of the Cold War and the advent of neoliberalism but go beyond by asking whether, and if so how, these and other collective experiences and understandings actually (co-)shape(d) outsourcing decisions.
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Singh Gautam, Vijaya, and Vijay Mishra. "Revisiting the Legal Framework for Private Military and Security Contractors: Maritime Perspective." Groningen Journal of International Law 8, no. 1 (September 30, 2020): 166–82. http://dx.doi.org/10.21827/grojil.8.1.166-182.
Full textAbstract:
The paper aims to analyse legal lacunas and suggest possible solutions for the acts and wrongdoings of Private Military and Security Companies within the lens of maritime activities. The paper has been divided into three parts. Part I deals with the necessity and role of Private Military and Security Companies in the present times. Part II discusses the legal status of Private Military and Security Companies and ways of ensuring responsibility for their acts. Part III examines the legal framework for the acts of Private Maritime Security Companies. An assessment of the rules of international humanitarian law (IHL), state responsibility, applicability of the Montreux document and efforts such as GUARDCON have been discussed to highlight the inadequacy of the laws on Private Maritime Security Companies. There has been an upsurge in the employment of Private Maritime Security Companies since 2008 to cope with a myriad of problems at sea including piracy and robbery. However, an umbrella of rules including employment procedures, agreements, training techniques, responsibility in peacetime as well as in times of conflict and the guidelines of IHL must be restructured or enhanced in order to be made applicable to Private Maritime Security Companies.
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Saifullin, E. "Private military and security companies and international law." Pathways to Peace and Security, no. 2 (2018): 51–63. http://dx.doi.org/10.20542/2307-1494-2018-2-51-63.
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