Research On The Legal Issues Of Private Military And Security Companies Participating In UN Peacekeeping Operations

The international community's criticism of UN peacekeeping operations has been accompanied by the process of the emergence and development of peacekeeping operations.Members of the United Nations,international organizations,including the United Nations itself,are constantly exploring ways to get out of the "peacekeeping dilemma," but the results are not optimistic.There are many reasons for this dilemma.This dissertation mainly focuses on the mismatch between peacekeeping forces,especially personnel,funds and equipment,and the peacekeeping operations.The lack of enthusiasm and coordination of member states,hysteresis and political sensitivity of peacekeeping operations are also main reasons for this dilemma.Several aspects of research have been carried out to discover the positive role of private military and security companies in resolving these dilemmas.Private military and security companies have entered the eyes of the Chinese people along with the Iraq war.The sensational "Blackwater Incident" in the world has pushed this kind of mysterious organization and its personnel who operate in the "darkness" to the cusp of international society.These two seemingly unrelated subjects are in fact inextricably linked.In recent years,private military and security companies have participated in various peacekeeping missions,which have brought positive effects and have created a series of challenges for the international community.How to deal with these challenges is particularly important.China's position and response in this wave of“privatization of peacekeeping” also need to be discussed.On the basis of systematically expounding the problems faced by UN peacekeeping operations and the legitimacy of private military and security companies,this dissertation analyzes the feasibility and challenges of private military and security companies participating in peacekeeping operations,and briefly discusses China's attitudes and responses.The first chapter concludes that the participation of private military and security companies in peacekeeping operations is necessary through the analysis of the“peacekeeping dilemma” in reality.Through two failed peacekeeping practices:the Rwanda peacekeeping operation and the Sierra Leone peacekeeping operation,it is concluded that the peacekeeping forces in peacekeeping operations,especially personnel,funds,equipment,etc.do not match peacekeeping operations.At the same time,Peacekeeping operations have problems such as low enthusiasm,lack of coordination,the hysteresis and political sensitivity.The reform of the peacekeepingoperations on the above issues is not successful.Therefore,it is necessary to incorporate private military and security companies into peacekeeping,and try to resolve the "peacekeeping dilemma" with its characteristics and advantages.The second chapter discusses the legality and feasibility of private military and security companies participating in peacekeeping operations.The concept of private military and security companies is clarified through current international legal documents,and the analysis between private military and security companies and mercenaries,the international documents such as Montreux Document,the United Nations Draft Possible Convention and the International Code of Conduct for Private Security Companies proving the legal status of private military and security companies in international law,they also provide a legal basis for their participation in peacekeeping operations.It is also feasible for private military and security companies to participate in peacekeeping operations: Under the circumstance that the reform of UN peacekeeping operations has not been effective for a long time,private military and security companies can solve problems existing in the first chapter of peacekeeping operations with their own characteristics and advantages to help the UN carry out peacekeeping operations better.In fact,private military and security companies had participated in and played an active role in peacekeeping operations.Based on these good practices,this dissertation provides several possible options for“privatization of peacekeeping”.The third chapter dialectically analyzes that “privatization of peacekeeping” may bring unique advantages,but also creates a series of challenges and countermeasures that all parties can take.The participation of private military and security companies in peacekeeping operations has several risks that they may contradict the purpose and principles of peacekeeping operations;they also pose certain challenges to the theory and practice of the United Nations collective security regime;the legal application of private military and security companies and the identity issues of their employees involved in peacekeeping operations,the responsibility of all parties also pose challenges to current international law.In response to these challenges,this dissertation analyzes and proposes some ways of thinking,solutions and countermeasures.It is considered that these challenges can be solved and cannot be used to negate the positive effects of “privatization of peacekeeping”.Of course,in order to better resolve these challenges,it is necessary to improve the rules of international law and the domestic laws and supporting measures as soon as possible.Among them,the formulation of a universally binding international convention on private military and security companies is the most effective method.Although it is full of resistance in actual operations,the international community should also work together to make private military and security companies participate in peacekeeping operations and to address the current difficulties faced by peacekeeping operations.The fourth chapter analyzes China's attitude and countermeasures when facing "privatization of peacekeeping".As one of the first signatory countries of the Montreux Document,China recognizes the legal status of private military and security companies and gradually opens its attitude towards private security companies in practice.In recent years,there have been many cases of hiring private security companies to provide overseas security services.The attitude of international community towards "privatization of peacekeeping" is changing.China should also follow the trend.On the basis of perfecting domestic laws and actively promoting international legislation,the private military and security companies will be gradually incorporated into peacekeeping operations to alleviate China's more and more difficult peacekeeping missions.