Privatisation of Contemporary Armed Conflicts Through Private Military and Security Companies: Is the Existing International Legal Framework Adequate?

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.