Legal status of US and UK private military companies: experience for Ukraine

AbstractThe Coalition Provisional Authority (CPA) governed Iraq from 2003 following Resolution 1483 of the UN Security Council. This Resolution affirmed that Iraq was in a state of occupation and that there were occupying powers. The Resolution referred to the United States of America and the United Kingdom as ‘occupying powers under the unified command of the “Authority”’, the ‘Authority’ being the CPA. However, the legal status of the CPA and its relationship to the US (the focus of this article) is not entirely clear, both under US domestic law and international law. This lack of clarity could have significant implications for the US’s responsibility for the CPA’s conduct. As with private military companies, a CPA-style administration of territory could become a tool for states to quarantine their risk under the law of occupation. This article contends that the theory of occupation by proxy may help clarify the legal status of the CPA and its relationship to the US and could assist in closing the identified gap in responsibility. To support this argument, this article establishes a legal framework for the theory of occupation by proxy which is then applied to the CPA and US.

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Specificity of work of private military companies in the XXI century (on the example of Near East)

Конфликтология / nota bene ◽

10.7256/2454-0617.2020.4.34041 ◽

2020 ◽

pp. 1-18

Author(s):

Evgeniya Mikhailovna Rogozhina ◽

Igor' Valer'evich Ryzhov ◽

Roman Nikolaevich Sokolov

Keyword(s):

Legal Status ◽

Military Operations ◽

Comprehensive Overview ◽

Military Organizations ◽

Private Military Companies ◽

Precise Understanding ◽

Regular Army ◽

Definition Of ◽

Object Of Study ◽

Military Services

  This article is dedicated to examination of the phenomenon of private military companies as a regional actor of security. Leaning on the analysis of international normative legal documents, the authors derive the definition of private military companies due to the fact that neither academic nor applied spheres have precise understanding of this phenomenon. The key research method is the structural and functional analysis, which allows authors considering the object of study from the perspective of various systems of actors. With the increased demand for private military services, private military companies gradually shift from the category of organizations serving military operations to the category of full-fledged independent military organizations that are capable of fulfilling the functions of regular army. For the past two decades, the market for private military services has grown from $ 55 billion to over $200 billion in 2010. The scientific novelty consists in comprehensive overview of various aspects and trends that take place in the market of private military services, as well as in classification of motives and consequences of usage of private military companies in armed missions. The authors discuss the question of international legal status of private military companies, provide practical examples of their activity with the prolonged consequences for regional systems of international relations, analyze the mechanisms of use of these companies in the current context, as well as synthesize the key factors of the increased demand for their services. The absence of regulation of the work of private military companies and ambiguous status of their employees in international law make it virtually impossible to impose international responsibility upon them.  

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International Legal Status of Private Military Companies

Herald of the Russian Academy of Sciences ◽

10.1134/s1019331620010098 ◽

2020 ◽

Vol 90 (1) ◽

pp. 49-55

Author(s):

A. V. Manoilo ◽

A. Ya. Zaytsev

Keyword(s):

Legal Status ◽

Private Military Companies

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Privačios kariuomenės: teisinė aklavietė

Vilnius University Open Series ◽

10.15388/os.tmp.2020.8 ◽

2020 ◽

pp. 164-181

Author(s):

Akvilė Medvedevaitė ◽

Aurelijus Meinoris

Keyword(s):

International Law ◽

20Th Century ◽

Legal Status ◽

Grey Zone ◽

Private Military Companies ◽

Rapid Spread ◽

Military Contractors

War mercenaries can be traced back to the ancient era and it still survives to this day, though its form and means of use have significantly changed in the second part of the 20th century in response to changes in international law. Numerous countries nowadays are employing these modern mercenaries to replace their soldiers in many military roles. Due to the rapid spread of private military companies (PMC) and the number of contracts granted to them every year, a major concern has been raised, and until this day there are no clear international law documents that regulate the activities and define the legal status of these military contractors. Because of this, the question of PMC’s is seemingly in a grey zone of law. The main aim of this paper is to examine the trends of PMC’s, and the existing efforts to properly regulate them both on international and national levels.

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REGULATING PRIVATE SECURITY COMPANIES (PSCs) AND PRIVATE MILITARY COMPANIES (PMCs) UNDER THE LAW OF TIMORLESTE

Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada ◽

10.22146/jmh.16035 ◽

2015 ◽

Vol 26 (3) ◽

pp. 472

Author(s):

Salvador Soares ◽

David Price

Keyword(s):

Legal Status ◽

Private Security ◽

Critical Discussion ◽

Private Security Companies ◽

Post Conflict ◽

Private Military Companies ◽

Timor Leste ◽

The Subject ◽

The Impact ◽

Security Companies

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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