REGULATING PRIVATE MILITARY COMPANIES: POLITICAL

IMPLICATIONS AND LEGAL MECHANISMS

Oleg Son, Higher School of Economics

6th Russian Association of Political Science Congress

Moscow, Russia

QUESTIONS TO ANSWER:

1. What are PMCs?2. Why do they pose danger to

international security?3. Why regulate?4. How to regulate?

1. What are PMCs?

Draft International Convention on the regulation, oversight and monitoring of private military and security companies as of 3 July 2009 (Article 2a):

“Private Military and/or Security Company (PMSC) is a corporate entity which provides on a compensatory basis

military and/or security services, including investigation services, by physical persons and/or legal entities.”

2. Danger

In global context PMCs undermine exclusive role of states in their very important capacity

– the monopoly to use armed force.

3. Need for regulation:

a) Existing legal norms and rules are of only limited application to PMCs and their activities. They have been created at a different historic era.

b) There is a visible emphasis during the last decades by international community and by the UN agencies on mercenarism.PMCs can easily move out of such qualification and stay in the “legal black hole”.

4. How to regulate?Institutional level:• Within established UN body;• Within an ad hoc institution;• Through self-regulation of private military industry;• By national legislative procedures of licensing and authorisation.

Legal level:• Montreux Document on pertinent international legal obligations and good practices

for States related to operations of private military and security companies during armed conflict of 2008 suggested by ICRC and Swiss Govt

• Draft International Convention on the regulation, oversight and monitoring of private military and security companies of July 13, 2009 prepared by UNHCR Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self-determination

• Draft Articles on the Responsibility of States for Internationally Wrongful Acts of 2001 (Article 5 – Conduct of persons or entities exercising elements of governmental authority)