security services of un peacekeeping and peace enforcement operations to the private sector is a grey area of international legal development. The resolve to resort to privatemilitaryand security companies ( pmsc s) in countries such as Iraq, Afghanistan, Somalia, and Cambodia, has brought into
The operation of PrivateMilitaryand Security Companies ( pmsc s) is an extremely interesting issue from the point of view of international law, especially international humanitarian law and international human rights law. Recent years have seen a considerable increase in the use of private
1 Introduction In this article, we examine the recent profound changes in the United Nations’ use of services provided by privatemilitaryand security companies ( PMSC s). 1 Historically, the UN played a prominent role in both the institutionalization of the anti-mercenary norm and its linkage
This chapter deals with the rising deployment of private military and security companies (pmscs) in peacekeeping operations of the United Nations and the demand for an increased willingness on part of the international organisation to take on responsibility for potential wrongdoings by its contracted personnel. It aims to demonstrate that the un is vested with a legal obligation to ensure that the conduct of private contractors under its command complies with obligations under international law and identifies possibilities to formulate a new regulatory framework in light of the recent Montreux Process and the Draft Articles on the Responsibility of International Organizations. The chapter further outlines ways for remedial mechanisms for potential victims of pmsc peacekeeper wrongdoings and offers an insight into the general tension between the organization’s immunity and its accountability. While the un’s reliance on pmscs in peacekeeping operations is an efficient mean to secure troops, it must go hand in hand with the compliance of international legal obligations and institutional responsibility so as to ensure its legitimacy and credibility as a world organization mandated to maintain peace and security and to respect human rights.
outsourcing of traditional state tasks to PrivateMilitaryand Security Companies ( pmsc s) seems to be becoming more and more popular. Corinna Seiberth believes that ‘[t]he extended future use of pmsc s [is suggesting] a continuation of abuse, unless the international legal framework can evolve into a
within the UN 2 has to some extent now been replaced by an acceptance that it could provide a solution: contracting PrivateMilitaryand Security Companies (PMSCs) to coercively respond to mass atrocities could provide an alternative to relying on ad hoc troop commitments from member states. 3
The United Nations ( un ) is increasingly relying on privatemilitaryand security companies ( pmsc s) for a wide range of services, including armed and unarmed security, risk assessment, security, training, logistical support and de-mining. According to a recent un report