The Evolution of International Legal Regulation for the Activities of Private Military and Security Companies
https://doi.org/10.31249/kgt/2024.01.07
Abstract
Over the past decades, the activities of private military and security companies (PMSCs) have become diverse and expanded geographically. PMSC employees are engaged in logistics, intelligence activities, supply and maintenance of weapons systems, including armed conflicts. One of the US Department of Defense guidelines notes that there are significant benefits to the US government in engaging PMSCs. Contractors, unlike regular military personnel, can get to work on specific tasks faster due to their mobility of deployment. This flexibility allows for timely adjustments to foreign policy in order to achieve national interests. The activities of PMSC personnel are associated with high risk to life, which requires the adoption of a regulatory mechanism to ensure legal protection, including in the exercise of social rights and guarantees in connection with participation in armed conflicts. States have been discussing mechanisms to regulate PMSCs for over 15 years, but no international treaty on the issue has been adopted yet. PMSCs do not operate in a “legal vacuum”, but some aspects require a special international legal regime. The purpose of the article is to study draft documents proposed by experts from various UN platforms and the prospects for international legal regulation of the activities of PMSC activities.
About the Author
E. E. Korolkova
Orenburg Institute of the Kutafin Moscow State Law University
Russian Federation
Russian Federation
Elena E. Korolkova, PhD (Law), Associate Professor of the Department of Constitutional and International Law,
Komsomolskaya Street, 50, Orenburg, 460000.
References
1. Dodonov V.N. (2023). Legal regulation of the activities of private military and security companies in foreign countries. Vestnik Universiteta Prokuratury Rossiyskoy Federatsii. No. 4 (96), pp. 87–93 (in Russian).
2. Egorova A.K. (2022). Issues of criminal legal assessment of the activities of employees of private military and security companies in armed conflicts and high-risk areas. PhD Thesis. Moscow, 218 pp. (in Russian).
3. Francioni F. (2008). Private Military Contractors and International Law: An Introduction. The European Journal of International Law. Vol. 19, no. 5, pp. 961-964.
4. Kees A. (2011). Regulation of Private Military Companies. Goettingen Journal of International Law. No. 3, pp. 199–216.
5. Kotlyarov I.I. (2013). International legal regulation of armed conflicts (main theoretical problems and practice. Moscow: Yurlitinform Publisher, 502 pp. (in Russian).
6. Nebol’sina M.A. (2021). International conventional regulation of private paramilitary and security companies. World Economy and International Relations. Vol. 65, no. 5, pp. 95–106 (in Russian). DOI: 10.20542/0131-2227-2021-65-5-95-106.
7. Private… (2001). Makki S. et al. Private Military Companies and the Proliferation of Small Arms: Regulating the Actors. London: British American Security Information Council (BASIC), International Alert and Saferworld, 17 pp. Available at: https://www.saferworld-global.org/downloadfile.php?filepath=downloads/pubdocs/Btb_brf10.pdf, accessed 10.01.2024.
8. Puzyreva Yu.V. (2023). Modern trends in armed conflicts and transformation of the activities of PMSCs: international legal aspect. Public International and Private International Law. No. 1, pp. 32–35 (in Russian). DOI: 10.18572/1812-3910-2023-1-32-35.
9. Rusinova V.N. (2011). Guidelines of the International Committee of the Red Cross on the interpretation of the concept of “direct participation in hostilities”: pro et contra. Moscow Journal of International Law. No. 4, pp. 19–36 (in Russian).
10. Skuratova A.Yu., Korolkova E.E (2020). Private military and security companies in international law. Moscow Journal of International Law. No. 4, pp. 81–94. DOI: 10.24833/0869-0049-2020-4-81-94.
11. Sokolova A.I. (2022). Geo-urban studies in the subject of urban law: prospects for legal regulation. Municipal Property: Economics, Law, Management. No. 3, pp. 24–27 (in Russian). DOI: 10.18572/2072-4314-2022-3-24-27.
12. Vylegzhanin A.N. (2023). A fundamental contribution to the study of problems of the law of international treaties. Modern concept of interpretation of international treaties. State and Law. No. 2, pp. 204–208 (in Russian). DOI: 10.31857/S102694520024347-2.
Review
For citations:
Korolkova E.E. The Evolution of International Legal Regulation for the Activities of Private Military and Security Companies. Outlines of global transformations: politics, economics, law. 2024;17(1):122-135. (In Russ.) https://doi.org/10.31249/kgt/2024.01.07
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