Vojenské rozhledy / Czech Military Review Nr. 2/2011: 71-96
Private Military Companies (New Elements in Operational Environment)Military art
This article deals with PMSCs as a relatively new phenomenon in warfare areas. It is open to discussion whether private military companies and the private contractors that they employ, should be treated just like any other transnational industry, or whether they should be treated like mercenaries under international law. As it happened in many countries, private companies and private contractors operate in a legal vacuum. From a strictly legal point of view individuals employed by private military companies are not to be considered as mercenaries. The private military industry offers a wide range of services. Procurement of military services by individuals and private firms has developed in a direction that had probably not been anticipated in previous years. Some military analysts say that the exclusive role of the state in the domain of defence and security is outdated and should be re-examined.
Keywords: Private military forces, security agencies, security risks, information, operational environment
Published: June 15, 2011 Show citation
References
- AMULE Samuel, GAMA Hillary. Mercenarism and the Curbing of Mercenary Activity in Africa, 1990 to 2005. Pretoria: University of Pretoria, August 2008.
- BALABÁN Miloš. Privatizace bezpečnosti - velký byznys bez kontroly. Právo, Publicistika, 1. července 2010.
- ELSEA Jennifer K. Private Security Contractors in Iraq and Afghanistan: Legal Issues. Congressional Research Service Report for Congress, Washington, January 7th, 2010.
- RICHARDS Anna, SMITH Henry. Addressing the role of private security companies within security sector reform programmes. Safeworld, The Grayston Centre, London, January 2007.
- SALZMAN Zoe. Private Military Contractors and the Taint of a Mercenary Reputation. International Legal Studies, New York University School of Law, 2008.
- SCHREIER Fred, CAPARINI Marina. Privatizing Security: Law, Practice and Governance of Private Military and Security Companies, Occasional Paper, No 6, Geneva Centre for the Democratic Control of Armed Forces (DCAF), Geneva, March 2005.
- SINGER Peter W. Corporate Warriors: The Rise of the Privatized Military Industry. Ithaca: Cornell University Press, 2003.
- ZAPLETALOVÁ Pavlína, NOVÝ Jindřich. Nové jevy v činnosti ozbrojených sil - nárůst zapojení PMC a PSC do ozbrojených misí (Private Military Company, Privaty Security Company). Vojenské rozhledy, 2007, roč. 16, zvláštní číslo, str. 139-144.
- ZÁVĚŠICKÝ Jan. Soukromé vojenské a bezpečnostní společnosti. Vojenské rozhledy, 2005, roč. 14, č. 4, str. 77-85.
- International Convention against the Recruitment, Use, Financing and Training of Mercenaries. Adopted and opened for signature and ratification by General Assembly resolution 44/34 of 4 December 1989, Art 1, United Nations, http://www.un.org/documents/ga/res/44/a44r034.htm.
- Montreux Document on pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict, Montreux, 17 September 2008. Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts, General Assembly, Security Council, United Nations, A/63/467-S/2008/636, 26 pages, http://www.eda.admin.ch/etc/medialib/downloads/edazen/topics/intla/humlaw.Par.0057.File.tmp/Montreux%20Document%20(e).pdf.
- Organization of African Unity Convention for the Elimination of Mercenaries in Africa of July 3rd, 1977, O.A.U. Doc. CM/433/Rev.L, annex 1, 1992 (OAU Convention).
- Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts. Art. 47, Dec 7, 1978, 1125 U.N.T.S 3 (Protocol I).


