Private Military Companies: the Challenges They Pose in Contemporary Armed Conflicts

Abstract

International Humanitarian Law (IHL) has always sought, and more often than not succeeded, to define the' place of all entities that exist within the radius of armed conflict in order to afford necessary protections to civilians, parties and fnon-parties to the conflict. It 11.15 therefore progressively been forced to make provision for private arms carriers, entities that have continued to feature prominently in the battlefield, Its 5U(H'SS over time in defining their status and responsibilities as far as armed conflict is concerned cannot under whatever standards be ranked as poor. However, the same cannot be said of IHL from the late 80s and early 90s will) the emergence of a new breed of private arms carriers - Private Military Companies (PMCs). Contemporary conflicts indeed pose special challenges in relation to the progressive disappearance of the battlefield in the traditional sense. New methods of warfare have rendered inoperative definitions based on a person's geographic proximity to a combat zone.' This among other reasons- has led to increased reliance of some .countries on technologically advanced means of combat often resulting in asymmetric warfare. 'Privatization' of armed forces has become la mode in the armed conflicts of today. This has led some countries to outsource some of their military activities. Contracts for the sale of arms, for example, are no longer limited to the simple purchase of a weapon but often, even during an armed conflict, include the maintenance and functioning of the system by the civilian employees of the seller. Such agreements raise legitimate questions regarding the status of the employees involved.