PMC

Regulation of Security Actions

Implications of Security Actions

Security actions in the field have implications beyond normal commercial transactions. They may involve the use of force and the taking of lives. They can also impact stability within a country or region, even if private military companies (PMCs) are not directly engaged in combat. For example, the training programs of MPR1 altered the balance of forces in the Balkans.

Historical Context

The regulation of security actions has a historical background. Britain was one of the last European countries to abandon mercenary forces. These forces were hired for the Crimea but were not deployed in time. The regulation of security actions was further emphasized by the case of the Alabama, a warship fitted out in Britain for use by the Confederate Forces in the American Civil War.

Potential Conflicts with Foreign Policy Objectives

Activity in the security field by individuals or companies could conflict with Britain’s foreign policy objectives. British forces could find themselves confronting forces that had been assisted by a British company.

Contingency

• British forces may have to confront forces that have been assisted by a British company.
• This situation could arise if individuals or companies in the security field act in a way that goes against Britain’s foreign policy objectives. # The Impact of Consultancy and Training Abroad

Consultancy and training abroad can have a significant impact on various aspects. Here are some key points to consider:

• Importance of Know-How: In today’s world, knowledge and expertise are just as important as physical resources. Consultancy and training abroad can provide valuable know-how to individuals and organizations.

• Reputation: The actions of British companies abroad can reflect on Britain’s reputation. People may assume that if a British company is involved, it has some level of approval from the government. This perception can affect how British policy is perceived.

• Risk of Misinterpretation: There is always a risk of misinterpretation when British companies are involved in major operations abroad. This can lead to misunderstandings and potential negative consequences.

• Safety Concerns: A major operation abroad by a British Private Military Company (PMC) can put British lives at risk. In such cases, the British government may be obliged to intervene if the operation goes wrong.

Regulation and its Benefits

Regulation in the consultancy and training industry can have several positive benefits. Here are some advantages:

• Guidelines: Regulation would establish guidelines for the industry, providing clear expectations from the government. This would help companies understand what is expected of them.

• Industry Standards: Regulation can help establish industry standards, ensuring that companies adhere to certain practices and ethics. This can enhance professionalism and credibility within the industry.

• Accountability: With regulation, companies would be held accountable for their actions. This can help prevent misconduct and ensure that companies operate responsibly.

• Consumer Protection: Regulation can also protect consumers by ensuring that companies provide quality services and meet certain standards. This can help build trust between clients and service providers.

• Fair Competition: Regulation can create a level playing field for all companies in the industry. This can prevent unfair practices and promote healthy competition.

• Public Confidence: Regulation can increase public confidence in the industry. Knowing that there are regulations in place can give individuals and organizations assurance that they are dealing with reputable and trustworthy service providers.

• Industry Growth: Regulation can contribute to the overall growth and development of the industry. By setting standards and promoting professionalism, it can attract more clients and investors.

It is important to note that these are potential benefits of regulation and not all regulations may have the same impact. The specific details and implementation of regulations can vary depending on the context and jurisdiction.

Difficulties in Legislation/Regulation

1. Cost of regulation:
   • Burden on both government and private sector.
2. Effectiveness of legislation:
   • Activities for which regulation is being considered take place abroad.

Challenges with Regulation

1. PMCs operate outside the normal scope of British law, making it difficult to regulate their activities.
2. PMCs are highly mobile and can easily move from one jurisdiction to another if they find the regulatory environment inconvenient.

Potential Solutions

1. Implementing a regulatory system: Although not foolproof, a regulatory system could be effective if the sector as a whole believes it is in their interests. This would require the cooperation and compliance of PMCs.
2. Fair and reasonable regulatory regime: If the regulatory regime is viewed as fair and reasonable, PMCs that choose to go offshore and place themselves outside the system would be marginalized in the sector and their reputations would suffer.

International Legal Framework

1. International regulatory regime: One solution to the challenge of mobile companies would be to establish an international regulatory regime. However, there has been limited progress in this area.

International Regime on Mercenary Activity

International Convention against the Recruitment, Use, Financing and Training of Mercenaries

• Adopted by the UN General Assembly in 1989
• Declares mercenary activity as an offense under the Convention
• Calls on states to take preventative measures against recruitment, financing, training, and use of mercenaries

Implementation of the Convention

• Came into force on October 20, 2001
• Costa Rica became the 22nd state to deposit instruments of ratification or accession with the UN Secretary General
• Other 21 states that have already done this:
  • Azerbaijan
  • Barbados
  • Belarus
  • Cameroon
  • Croatia
  • Cyprus
  • Georgia
  • Italy
  • Libya
  • Maldives
  • Mauritania
  • Qatar
  • Saudi Arabia
  • Senegal
  • Seychelles
  • Suriname
  • Togo
  • Turkmenistan
  • Ukraine
  • Uruguay
  • Uzbekistan

International Humanitarian Law and Military Operations

Introduction

International Humanitarian Law (IHL) is a set of rules that aim to protect people who are not or are no longer taking part in hostilities during armed conflicts. It applies to both international and non-international armed conflicts.

Provision of Services to Combatants

• There is a debate about whether humanitarian organizations should provide services to combatants.
• If the ban on providing services is extended to combatants, it may make the activities of some humanitarian organizations illegal.
• It would be difficult to determine whether certain services, such as electricity or water, should be included in the ban.
• Some argue that a blanket ban would be an unwarranted interference with individual liberty.

Support for Military Operations

• There is also a debate about whether humanitarian organizations should provide support to military operations.
• Some argue that support, such as training and strategic advice, may be vital to military operations.
• Others argue that a ban on support would deprive weak but legitimate governments of needed assistance.

Impact on British Defence Exporters

• A ban on providing services to combatants or support to military operations could affect British defence exporters.
• Services are often a necessary part of export sales.
• A blanket ban could deprive British defence exporters of legitimate business opportunities.

Conclusion

• The provision of services to combatants and support for military operations by humanitarian organizations is a complex issue.
• Balancing the need to protect individuals during armed conflicts with the potential impact on humanitarian organizations and defence exporters is challenging.
• It is important to consider the specific circumstances and context of each situation when discussing the role of humanitarian organizations in military operations.

Private Military Companies and Policy Proposals

Proposal 1: Code of Conduct

• A code of conduct would establish ethical guidelines for PMCs to follow.
• It would outline acceptable behavior and prohibit actions that violate human rights or international law.
• This would help ensure that PMCs operate in a responsible and respectable manner.

Proposal 2: Licensing Regime

• Legislation would require PMCs to obtain a license for contracts for military and security services abroad.
• This would provide a regulatory framework for the industry and allow for greater oversight.
• Companies or individuals would need to meet certain criteria and adhere to specific standards in order to obtain a license.

Proposal 3: Restrictions on Recruitment

• One proposal suggests restricting the recruitment of freelance mercenaries who are employed on a casual basis.
• This would aim to prevent the worst kind of interventions by the private military sector.
• However, it may not be effective for private military companies with permanent employees or those who transfer personnel between conflicts.

Potential Challenges

• PMCs could potentially evade regulations by using offshore centers and advertising through the internet.
• The effectiveness of these proposals in creating a respectable and responsible industry is questionable.

These policy proposals aim to address the concerns surrounding private military companies. By implementing a code of conduct, establishing a licensing regime, and placing restrictions on recruitment, the government seeks to ensure that PMCs operate ethically and responsibly. However, challenges such as evading regulations and the effectiveness of these measures remain.