Private military and security companies under international humanitarian law and human rights law

Abstract

PMSCs provide various services in armed conflict situations, but also in other contexts such as maritime insecurity and detention centres. After years of debates and doubts surrounding the application of IHL and HRL to activities of PMSCs, there is nowadays a consensus to the effect that rules of international law do apply to them. Despite several developments aiming at ensuring a better regulation of the industry, concerns about their potential involvements in violations of IHL and IHRL continue to be raised. This chapter proposes to draw a portrait of the main relevant rules of international law applicable to PMSCs and their personnel. It will first explore the application of IHL and IHRL to PMSCs and their activities, before turning to the rules of State responsibility and criminal responsibility. National legislation allowing civil liability for international crimes will also be highlighted. Finally, the main relevant soft law instruments will be addressed as well as the use of PMSCs by international organizations.