PMC

Private Military Companies: Options for Regulation

Need for Regulation

Due to the nature of their work, PMCs have raised concerns about accountability, human rights abuses, and the potential for undermining state sovereignty. Therefore, there is a need for regulation to ensure transparency, accountability, and adherence to international humanitarian law.

Options for Regulation

Several options for regulating PMCs have been proposed:

1. National Legislation:
   • Countries can enact laws specifically targeting PMCs to regulate their activities and ensure compliance with international standards.
   • This can include licensing requirements, code of conduct, and penalties for violations.
2. International Conventions:
   • The international community can develop conventions or treaties that establish global standards for the regulation of PMCs.
   • These conventions can outline the responsibilities of PMCs, the rights of individuals affected by their actions, and mechanisms for enforcement.
3. Self-Regulation:
   • PMCs themselves can establish industry-wide standards and codes of conduct.
   • This can include mechanisms for monitoring and reporting on their activities, as well as disciplinary measures for non-compliance.
4. Oversight by International Organizations:
   • International organizations such as the United Nations or regional bodies can play a role in overseeing and regulating PMCs.
   • This can involve creating specialized bodies or committees to monitor and enforce compliance with international standards.

Challenges and Considerations

Regulating PMCs is a complex task that requires careful consideration of various factors:

• Jurisdiction: PMCs often operate in multiple countries, making it challenging to determine which laws apply to them.
• Enforcement: Ensuring compliance with regulations can be difficult, especially if PMCs operate in regions with weak governance or limited resources.
• Accountability: Holding PMCs accountable for their actions can be challenging, as they may claim immunity or operate in legal gray areas.
• Balancing Security and Human Rights: Regulations should strike a balance between ensuring security and protecting human rights, as PMCs are often involved in conflict zones.

Conclusion

Regulating PMCs is crucial to address concerns related to accountability, human rights, and state sovereignty. Various options, such as national legislation, international conventions, self-regulation, and oversight by international organizations, can be considered. However, challenges related to

Abbreviations

• DSL: Defence Systems Limited (a British-based part of Armor Group, a subsidiary of Armor Holdings (US))
• DRC: Democratic Republic of the Congo
• ECOMOG: Economic Community of West African States Ceasefire Monitoring Group
• EC: European Communities
• EO: Executive Outcomes (A South African PMC. Now disbanded)
• EU: European Union
• FNLA: National Front for the Liberation of Angola (an Angolan liberation movement. Now defunct, led by Holden Roberto)
• IMF: International Monetary Fund
• MPLA: Popular Movement for the Liberation of Angola (the Angolan liberation movement which now forms the government of Angola)
• MPRI: Military Professional Resources, Inc. (a US PMC)
• NGO: Non-Governmental Organisation
• OAU: Organisation of African Unity
• PMC: Private Military Company
• PSC: Private Security Company
• RUF: Revolutionary United Front (the rebel movement in Sierra Leone)
• UNAMSIL: United Nations Assistance Mission in Sierra Leone
• UNITA: National Union for the Total Independence of Angola (an Angolan liberation movement still armed) # Green Paper on the Control of Violence and the Export of Private Military Services

The Green Paper

Importance of Controlling Violence

• Controlling violence is one of the fundamental issues in politics.
• War is seen as a vile thing in life, and it is important to understand this and not engage in it lightly.
• The post Cold War world has brought about new problems and opportunities.
• The global confrontation of the Cold War has given way to a world of small wars and weak states.

Need for Control of Violence and Export of Private Military Services

• The control of violence is crucial in maintaining stability and peace.
• Private military services refer to the hiring of private companies to provide military-related services.
• The export of private military services is a subject that needs to be taken seriously.

Conclusion

• The Green Paper on the Control of Violence and the Export of Private Military Services was requested by the Foreign Affairs Committee of the House of Commons.
• It highlights the importance of controlling violence in politics and the need to take the export of private military services seriously.
• The post Cold War world has brought about new challenges and opportunities, with small wars and weak states requiring external assistance for security.
• The Green Paper aims to address these issues and provide a framework for the control of violence and the export of private military services. # Private Military Services Private military services are becoming increasingly involved in military and security activities in developed countries. This is because states and international organizations are turning to the private sector as a cost-effective way of procuring services that were once exclusive to the military. For example, the British Government outsources certain tasks that were traditionally undertaken by the armed services.

Types of Private Military Services

1. Conflict assistance: Governments may employ private military companies to help them in a conflict. Examples include the governments of Sierra Leone and Angola.
2. Training: Private military companies may be contracted to provide training services to states or organizations.
3. Logistics: Private military companies may be hired to provide logistical support, such as transportation and supply chain management.

Implications and Future Trends

• The demand for private military services is likely to increase in the future.
• While cases of governments employing private military companies for conflicts are rare, there may be an increase in private contracts for training or logistics.
• Some states that cannot afford to maintain large military forces may rely more on private military services.

It is important to note that the use of private military services raises ethical and legal concerns, as they operate outside the traditional framework of state-controlled military forces.

Demand for Private Military Services

• PMCs are often hired by governments, especially in developing countries, to supplement their own military forces.
• Developed countries, like the United States, have also employed PMCs to recruit and manage monitors in certain regions, such as the Balkans.
• International organizations, like the United Nations (UN) and international NGOs, also hire private companies for security and logistics support.
• A strong and reputable private military sector could potentially enable the UN to respond more rapidly and effectively in crises.
• The cost of employing PMCs for certain functions in UN operations could be lower than that of national armed forces.

Potential Benefits and Concerns

• Benefits:
  • PMCs can provide specialized services that were traditionally seen as the responsibility of the military, such as demining.
  • PMCs can potentially enhance the effectiveness and efficiency of military operations.
• Concerns:
  • There are important concerns about human rights when private companies are involved in military operations.
  • The use of PMCs raises questions about accountability and oversight.
  • The potential for abuse and misconduct by private military personnel needs to be carefully considered.

It is important to carefully consider the potential benefits and concerns associated with the use of private military companies in order to make informed decisions about their utilization.

Main Topic: Private Military Companies (PMCs)

Evolution of PMCs

Private military activity in the past involved mercenaries involved in post-colonial or neo-colonial conflicts. Today, private military companies (PMCs) exist and operate in various capacities.

• Some PMCs may still employ mercenaries, but there is a desire to distinguish between reputable and disreputable operators.
• The purpose of a licensing regime is to encourage and support reputable PMCs while eliminating disreputable ones.

Purpose of the Green Paper

The Green Paper does not propose a policy but aims to initiate a wide debate on the options regarding PMCs.

• The paper presents various dimensions of the PMC question.
• The goal is to encourage a constructive debate and welcome contributions from all perspectives.

Regulation of Private Military Companies

Introduction

The recommendation of the Foreign Affairs Committee is to publish a Green Paper outlining options for the control of private military companies (PMCs) operating out of the UK, its dependencies, and the British Islands. This is a complex subject that raises difficult issues.

Definitions and Types of Military Activity Abroad

• Mercenary: A mercenary is defined as a professional soldier serving a foreign power. This definition is broad and includes individuals engaged in legitimate activities.
• Private Military Company (PMC): A PMC is a company that provides military services to clients, which can include governments, corporations, or individuals. These services can range from combat operations to training and logistics support.
• Private Security Company (PSC): A PSC is a company that provides security services, such as guarding and protection, to clients. While similar to PMCs, PSCs primarily focus on non-military security tasks.

Difficult Issues Raised

Examining the regulation of PMCs raises several challenging issues:

1. Legitimate Activities: The broad definition of a mercenary includes individuals engaged in legitimate activities. It is important to distinguish between those involved in lawful operations and those engaging in illegal activities.
2. Accountability: PMCs operate in a complex legal and regulatory environment. Ensuring accountability for their actions, especially when operating in foreign countries, can be challenging.
3. Human Rights: There have been concerns about human rights abuses committed by PMCs. Regulating their activities is crucial to prevent violations and ensure adherence to international human rights standards.
4. Sovereignty: The presence of PMCs in foreign countries raises questions of sovereignty. It is important to establish clear guidelines to respect the sovereignty of host nations while regulating PMC activities.
5. Transparency: The lack of transparency surrounding PMC operations makes it difficult to assess their impact and hold them accountable. Regulation should aim to increase transparency and provide mechanisms for oversight.

Examples of Mercenaries

• Gurkha troops in the British and Indian Armies
• Troops in the British Army recruited from Commonwealth countries
• Loan service personnel
• French Foreign Legion
• Swiss Guard in the Vatican

Note: The legal definition of a mercenary is very narrow and is defined by Article 47 of the First Additional Protocol of 1997 to the Geneva Conventions.

Mercenaries

Definition of a Mercenary

A mercenary is defined as someone who meets all of the following criteria:

• Is motivated primarily by personal gain
• Is not a national or resident of the country where the conflict is taking place
• Is not a member of the armed forces of a party to the conflict
• Has not been sent by a state that is not a party to the conflict on official duty as a member of the armed forces

Challenges with the Definition

Some governments, including the British Government, find the definition of a mercenary to be unworkable for practical purposes. It can be difficult to prove the motivation of someone accused of mercenary activities. Additionally, contracts can be drafted in a way that allows employees to fall outside the definition of a mercenary. For example, in a contract with Papua New Guinea in 1997, Sandline International’s employees were to be termed “Special Constables,” which would have exempted them from being classified as mercenaries.

There are different definitions of mercenaries depending on the context:

1. International Law: According to the International Convention against the Recruitment, Use, Financing, and Training of Mercenaries, a mercenary is someone who:

• Is specially recruited locally or abroad.
• Is motivated by the promise or expectation of material compensation.
• Is neither a national nor a resident of the state against which their actions are directed.
• Is not a member of the armed forces of the state against which their actions are directed.
• Has not been sent by a state on official duty.

1. OAU Convention for the Elimination of Mercenaries in Africa: This definition is more specific and applies to Africa. According to this convention, a mercenary is someone who:

• Is not a national of the state against which their actions are directed.
• Is employed, enrolls, or willingly associates themselves with a person, group, or organization.
• The aim of this person, group, or organization is to overthrow the government of a Member State of the Organisation of African Unity by force of arms or any other means.
• The aim is also to undermine the independence, territorial integrity, or normal working institutions of the said state.
• The aim is further to block the activities of any liberation movement recognized by the Organisation of African Unity.

Examples

• Employees of Executive Outcomes in Sierra Leone or Angola would not be considered mercenaries under the OAU Convention because they were working for a recognized government.
• However, someone who is not a citizen of a country and joins a rebel group with the aim of overthrowing the government would be considered a mercenary under the OAU Convention.