The position of employees of Private Military and Security Companies (PM-
SCs) in international humanitarian law is complex and vague, as their legal
status is determined on an individual basis, depending on the nature of their
work and the intensity of their cooperation with the State. Legal clarification
of this status is important due to the observance of international humanitar-
ian law and the regulation of activities of the PMSCs. PMSC employees can be
considered either as combatants or civilians, depending on their role and the
manner in which they participate in armed conflicts. Only exceptionally, if certain
conditions are met, could they be considered mercenaries. Their sta- tus
is also influenced by their affiliation with and the level of their integration into the State’s armed
forces. It is important to distinguish between
direct ac- tions aimed at
causing damage to the enemy and indirect activities carried out in support of
military operations. The assessment of an individual’s level of involvement in
hostilities must take into account the context, purpose and consequences of his actions
and strive to find a balance between
the protection of civilians
and military needs.
Key words: private military and
security companies, civilians, mercenaries, combatants, armed force,
international law of armed conflict, international humanitarian law, Montreaux Document, Geneva Conventions and Additional
Protocols.