Revisiting the Legal Framework for Private Military and Security Contractors: Maritime Perspective

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.

Weak, Politicized, Absent: The Anti-Mercenary Norm in Italy and the United Kingdom, 1805–2017

Addressing the anti-mercenary norm, this article offers an original empirical contribution and a new theoretical framework, where taboo talks, hide-or-justify strategies, and inconsistent behavior define the robustness of a norm. I code and analyze all references to mercenaries and private military companies in the Italian and British parliamentary debates from 1805 to 2017, and I demonstrate that the norm evolves through three critical moments. Between 1805 and 1945, an anti-mercenary moral norm is present to a relevant extent in politicians’ debates, though it does not consistently constrain states’ behavior. The norm is weak. Between 1945 and 1991, anti-mercenary sentiments start to decline, and all discussions about their operations are clearly distorted by Cold War dynamics. The norm is very weak and highly politicized. After 1991, the norm targets security contractors for a brief period, as negative references and moral attacks significantly decrease. The norm disappears.

China’s naval presence in Indian Ocean will grow

Subject China's navy in the Indian Ocean. Significance The balance of power is changing in the Indian Ocean, with major implications for the region. China’s naval presence in the Indian Ocean has grown over the last decade. Impacts Beijing will primary rely on local security forces and private security contractors to protect Chinese nationals and assets on land. The Indian Ocean will become a multipolar region in which major powers compete and numerous middle powers become more active. Competition among the major powers will increasingly intrude on the internal politics of smaller countries in the region.