The Status Of Private Military Company In International Law

Private Military Companies began to spring up since 1990s. As a modern form of traditional mercenary, PMC inherit the inherent characteristics of the former. International treaties regulating traditional mercenary, in which definitions are all quite rigorous, so the present international legal system can not regulate it effectively. Additionally, domestic laws in several states such as the United States and South Africa are defective, too.Two international legal issues arise with the PMC industry. Firstly, as a commercial entity, even though it owns strong support from local government, its oversea acts can be regarded as common residents', so only the local domestic authority can sanction it; secondly, the practical situation is the PMC employees will not accord with the rigorous definition of the international treaty which states that mercenaries can not be combatant, and can not enjoy the rights of prisoner of war.The industry can not be banned completely, for it has some positive effects in modern world. The advisable solution is to regulate its behaviors properly, and control the whole industry's acts in a rational range. The regulation can only be operated in the international level, and it includes two aspects: regulation & sanction about the PMC entity and regulation &sanction about its employees.States and official international organizations may employ some contemporary measures before the international regulation system shaped just as follows: empower the reporter to supervise the PMC industry transitorily, improve the legislation level about PMC, relevant States should try their best to achieve coincidence in the present or future legislations and the registry States should employ domestic laws to punish the wrongful acts of PMC and its employees strictly.