Contemporary Private Military Firms Under International Law: An Unregulated 'Gold Rush'

23 Pages Posted: 10 Aug 2006

Abstract

In contradistinction to the traditional soldier of fortune contemporary Private Military Firms (PMFs) do not fit the conventional image of private security services as being sold mainly by gang leaders, mafias, or war lords and by (foreign) individuals or mercenaries-. PMFs however range from well-established firms with thousands of years of collective experience in war zones, to start-ups that did not exist before the end of the Cold War but mushroomed as a result of the vacuums created by states downsizing their militaries. Although in form resembling their antecedents, PMFs have developed a modus operandi compatible with the needs and strictures of the post-Cold War, State-based international system leading to both implicit and explicit legitimacy. Firstly, they are serious players, recognized within international business circles and markets. Secondly, their legitimacy is bolstered by strong personal and professional links to the governments and militaries of their respective home States. This article has as its modest aim an exploration of the thorny legal issues raised by the commodification of force. It discusses the nature of the contemporary PMF noting that it bears vestiges of yester year mercenaries. It then grapples with their uncertain status under international law despite the fact that they potentially pose problems for state authority and the direct control of states over the use of force. At the heart of the argument is the reality that PMFs maintain the ability to inflict violence on a scale previously reserved to sovereign nations and the real potential to violate humanitarian norms. Yet, they are largely inadequately regulated under existing domestic and international frameworks thus bear hazy legal liability and sanction.

Suggested Citation

Maogoto, Jackson Nyamuya and Sheehy, Benedict, Contemporary Private Military Firms Under International Law: An Unregulated 'Gold Rush'. Adelaide Law Review, Vol. 26, No. 2, 2006, Available at SSRN: https://ssrn.com/abstract=901211

Jackson Nyamuya Maogoto (Contact Author)

University of Manchester ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

Benedict Sheehy

University of Canberra ( email )

Canberra, Australian Capital Territory 2601
Australia

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