The Status of Private Military Security Companies in United Nations Peacekeeping Operations Under the International Law of Armed Conflict

Jonathan Crowe and Anna John, 'The Status of Private Military Security Companies in United Nations Peacekeeping Operations under the International Law of Armed Conflict' (2017) 18 Melbourne Journal of International Law 16

29 Pages Posted: 26 Dec 2017

See all articles by Jonathan Crowe

Jonathan Crowe

University of Southern Queensland - School of Law and Justice

Anna John

Independent

Date Written: December 19, 2017

Abstract

Private military security companies ('PMSCs') are present in almost all United Nations peacekeeping operations. The utilisation of PMSCs by international organisations raises distinct and complex legal issues. This article discusses the status of PMSCs under the international law of armed conflict, focusing particularly on their involvement in UN peacekeeping activities. We argue that assessing the position of PMSCs requires a sharper understanding of the legal status of civilians who may play an active role in hostilities. The role of PMSCs in UN operations, in particular, places pressure on the widespread view that civilians who participate in hostilities thereby violate the law of warfare. The article then reviews the options for holding PMSCs accountable for violations of international law. We argue that this issue is best addressed by treating international humanitarian law, international human rights law and international criminal law as an interlocking body of norms and mechanisms applicable in armed conflict.

Keywords: peacekeeping, international humanitarian law, law of armed conflict, principle of distinction

Suggested Citation

Crowe, Jonathan and John, Anna, The Status of Private Military Security Companies in United Nations Peacekeeping Operations Under the International Law of Armed Conflict (December 19, 2017). Jonathan Crowe and Anna John, 'The Status of Private Military Security Companies in United Nations Peacekeeping Operations under the International Law of Armed Conflict' (2017) 18 Melbourne Journal of International Law 16, Available at SSRN: https://ssrn.com/abstract=3090583

Jonathan Crowe (Contact Author)

University of Southern Queensland - School of Law and Justice ( email )

West Street
Toowoomba, Queensland 4350
Australia

HOME PAGE: http://jonathancrowe.org/

Anna John

Independent ( email )

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