Criminal Responsibility of Private Military Companies in Non-International Armed Conflicts: A Legal Analysis with Comparative Perspectives

Abstract

This paper examines the criminal responsibility of Private Military Companies (PMCs) in Non-International Armed Conflicts (NIACs), analysing the legal gaps that enable impunity for violations of international humanitarian law. The study employs doctrinal legal methodology to assess how existing international frameworks, including the Geneva Conventions, the Rome Statute, and instruments, address PMC accountability in internal conflicts. Through comparative analysis of regulatory approaches in South Africa and the Democratic Republic of Congo (DRC), the paper identifies critical enforcement challenges and proposes legal reforms to strengthen accountability mechanisms. The findings reveal that current legal frameworks inadequately address PMC operations in NIACs, particularly when contracted by non-state armed groups, creating significant accountability gaps that undermine civilian protection and the rule of law