Private Military Companies: A Challenge to Modern Warfare

Abstract

Means and methods of warfare trace back their origin with that of humanity. Over the centuries, these methods evolved into different regulations, laws and customs which prescribe means and methods to conduct hostilities while putting certain restrictions in this regard. One such method which remained involved in the evolution of means and methods of warfare is use of mercenaries. Primary goal of their employment was to conduct hostilities in return for monetary gain. Modern shape of mercenaries is Private Military Companies (PMCs). In present era, development in warfare has enabled one individual to kill millions and that too within no time. Armies have been regularized, but even their purpose remained unaccomplished, hence, PMCs have been created to accomplish the tasks which were costing more for regular armies. Need of the time was fulfilled but these PMCs were left unattended. No laws and regulations were properly framed to control their activities. Backed by monetary gains, they consider themselves above any law and the same has posed another challenge for IHL. After going through the codified law on IHL, it is observed that no provision of IHL has specifically defined the term “Private Military Company”. The term “Mercenary” has been defined in Article 47 of the 1977 Protocol 1 Additional to the Geneva Conventions of 1949 (AP I). Some legal experts argue that since the purpose of mercenaries and private military contractors is the same, therefore, the legal regime which is applicable to mercenaries should also be extended to PMCs and contractors. Others say that even then the purpose would not be achieved. Therefore, despite of extensive legislation in IHL, the legal environment, wherein the PMCs are currently operating is called a “legal vacuum”. This paper analyses the existence, legal status and rights and obligations of these PMCs.