Abstract

Abstract:
The issue of private military companies is considered a vital and thorny topic at the same time. It is vital with its developments and developments that accompanied the gradual withdrawal of the state from its security and military functions in favor of private parties, and thorny because of the legal problems it raises, due to the ambiguity surrounding the connotations of the term private military companies in the first place, so It required us to analyze the term to reach its true meaning, because the term does not in any way reflect the true meaning of these entities. They may be called private security companies, civilian contractors, or private contractors. This term suggests, at first glance, that it does not include military actions, contrary to practices. Which confirms that the services of these entities may even reach the point of participating in hostilities, and therefore a term mentioned in international documents was adopted, which is private military and security companies, because there is an overlap between security and military activities, and it is difficult to separate and differentiate between them, especially in times of armed conflicts, which They contributed greatly to making private military companies a prominent influence on the international scene, which enabled them to become a new non-state actor, just like multinational companies. Although there is a sect that sees them as a form of multinational companies, they differ fundamentally from Multinational companies, due to their different roles, and others consider them merely places for recruiting mercenaries due to the great similarity between them. However, from a legal standpoint, there are several differences that prevent them from being identical, and the description of company employees as mercenaries by the media does not necessarily apply to them. From a standpoint, Their legal status varies according to the jobs they perform, the entities that contract with them or work for them, as well as the environments in which they operate. This is due to international law not adequately regulating private military companies, by at least setting a dividing line between them and mercenaries, by preventing contracts with them to provide their services. In areas of armed conflict, regardless of the type of service, countries always claim that they contract or seek the help of companies within the framework of security services, and this is unreasonable, because it is not possible to distinguish between defensive and offensive roles in conflict areas. In addition, the permitted services must be clarified or limited so that In times of peace.
When these companies violate international law in general, there are several obstacles to follow, including the lack of a binding international instrument yet, and they cannot be addressed by the rules of international law. They are rarely addressed by the rules of international human rights law, because they do not have international personality, so International obligations must be expanded to directly include these entities, and despite this deficiency, they can at least be considered a subject of international law, and from there those working in them can be prosecuted in the event that they violate the rules of international humanitarian law before the International Criminal Court, or the national judiciary, and there is an obligation on All states, especially the contracting state, the state of territory and origin, as well as international organizations, led by the United Nations, which seek the assistance of private military companies, all bear at least part of the responsibility for any unlawful act committed by these entities in accordance with the rules and customs of public international law.
Keywords : Private military and security companies, military mercenaryism, public international law.

Information

Item Type:	Thesis
Divisions:	» Faculty of Law and Political Sciences
ePrint ID:	4939
Date Deposited:	2024-05-13
Further Information:	Google Scholar
URI:	https://www.univ-soukahras.dz/en/publication/article/4939

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