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International Regulation of Private Military and Security Companies: Regulatory and Recommendation Models
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International Regulation of Private Military and Security Companies: Regulatory and Recommendation Models
Annotation
PII
S1605-65900000622-5-1
DOI
10.12737/jrp.2023.046
Publication type
Article
Status
Published
Authors
Emil Sayfullin 
Occupation: Junior Researcher, Department of International Law
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 27 No. 4
Pages
122-135
Abstract

The author of the article, using a comparative legal method, explores existing international models and approaches to regulating the activities of private military and security companies (PMSC). The relevance of the research topic is due to the absence of both a special international legal treaty on the regulation of PMSC activities and a corresponding article on PMSC within the framework of existing international treaties. Private military and security companies have become an integral part of armed conflicts (both international and non-international), as well as a basic element of security and a guarantor of the sustainable work of international organizations and multinational companies. PMSC is one of the main components of modern military campaigns and operations of Western countries, as well as an indirect power tool of the foreign policy of states.

According to the form and nature of the proposed regulation, the author identifies two models of PMSC regulation: 1) conventional (international law); 2) advisory (soft law). Given the complexity of the legal, military and political nature of PMSC, their multidimensional nature and the existence of a direct link with the institution of State responsibility, it is not possible to regulate the activities of PMSCs in a relevant way through the prism of only one or several branches of public international law. International legal regulation of PMSC activities is possible only from the standpoint of the entire international law, the totality of its principles and norms applicable to the situation. If the conventional model of regulating the PMSC activities becomes a priority for states, then the development and adoption of an appropriate international legal treaty with the subsequent implementation of a mechanism for monitoring and control the implementation of its provisions is advisable only within the framework of the UN as the basis of the modern international legal order.

Keywords
private military and security companies, international law, legal models, Draft UN Convention on private military and security companies, Montreux Document, international humanitarian law, soft law, guidance documents
Date of publication
21.04.2023
Number of purchasers
12
Views
190
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0.0 (0 votes)
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Additional sources and materials

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