Analysis On International Law Issues Of Private Military And Security Companies

In recent years, private military and security companies appeared in the most concerned regions in the world. Blackwater as the most typical PMSCs, is gradually acknowledged to more and more people. PMSCs have formed a mature industrial chain with huge scale market. In recent years, PMSCs have bear a lot of responsibilities in the armed conflict areas.These companies are restrained and seldom makes a big splash in the media.It has begun to attract people's attention for human rights violations incidents.Taking Abtan. case as a starting point, this thesis wholly discuss the legal status of PMSCs employees on battlefield. Whether the behavior of employees can be effectively regulated under the current international law system and held accountable successfully after human rights violations incidents. PMSCs manage extensive business, their services on the battlefield makes their status confused. That's bring trouble for the protection of employees and affected the protection of civilians. It was necessary for nations and international society to interfere and restrict the PMSCs. But their existence still have a positive meaning, It's necessary to guide the PMSCs industries, so that they can play a more positive role.Except to the introduction and the conclusion, the thesis includes four parts:The first part decribes the the meaning, characteristics of PMSCs and the background of the rise of PMSCs and the difference between mercenary and PMSCs. In view of the close relationship between PMSCs and mercenary, this article identify the similarities and differences between PMSCs and mercenary by the the comparison of them.The second part discusses the legal status of employee under the different types of business and difficulties for identification.The third part explores the accountability of PMSCs, their employee and employer country. The development of a practical case also be introduced.The forth part put forward the methods on the regulation of PMSCs in the absence of laws and regulations.The fifth part focused on the developing prospect, feasibility, the necessity and barriers of PMSCs in China.The conclusion part is the summary of the main points of this thesis. The business PMSCs is easily arouse legal controversies, and some of the staff members committed serious violations of international humanitarian law. The offenders must be held accountable. At the same time each country and the international society should pay more attention on this industry, strengthen the supervision and management, in order to maximize the social and economic benefits.