The Status And Responsibilities Of Private Military Companies In International Law

Recent years have witnessed an increase in the number of private militarycompanies (PMC) operating in situations of armed conflict, as well as a change in thenature of their activities. It is often asserted that there is a vacuum in the law when itcomes to their operations. It cannot be included within the scope of mercenaries orcombatants in accordance with related international treaties; therefore PMC will beconsidered as civilians under IHL. However they would not be effectively controlledwhen going against the law principles of war if they were supposed as civilians.A new issue has also been raised herein, that is, besides PMC itself, who shouldbear the responsibility when PMC violates IHL? Obviously the state which employsPMC to conduct military operations is responsible if military actions of PMC can beattributed to this state. States cannot absolve themselves of their obligations underIHL by contracting PMC, and they must ensure that the staff of such companiesrespects IHL. For example, they should require the staff to be properly trained in IHLand the operating procedures of PMC shall comply with these principles.In addition, the home state of PMC shall also exercise some control mechanismby establishing a licensing procedure and related punishment measures. Key elementsof a possible national regulatory framework could include: a prohibition of certainactivities, a requirement that the PMC shall train their staff in IHL and adopt appropriate disciplinary measures, and a requirement for authorization for everycontract depending on the nature of the proposed activities. Such a regulatory systemshould be complemented by a functioning system for bringing to justice those accusedof having committed violations of IHL.