Chapter

Private military companies

Chia Lehnardt

Research handbook on international conflict and security law : jus ad bellum, jus in bello and jus post bellum

Cheltenham ; Northampton : E. Elgar, 2013

p.421-443

English

This article examines the regulation of private military companies within the framework of international humanitarian law. The author seeks to assess what elements of the legal regime are applicable to private military companies’ conduct in conflict situations. The author examines how private military companies are governed, including how these companies can be regulated and whether individuals within these companies are considered to be civilians or combatants. The article is also concerned with whether private military companies are entitled to prisoner of war status provided that they do not violate the laws of war if they take part in hostilities. The article elaborates on when and how these companies can participate in hostilities. The author goes on to expand on state control over the private military entity, and explains that despite these companies not being part of a formal state organ, their actions can still implicate the state if they are seen as acting on behalf of the state. Finally, the article evaluates the peacekeeping capacities of these companies and submits that private military companies undermine international law when they fulfill military functions. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• Research handbook on international conflict and security law : jus ad bellum, jus in bello and jus post bellum / Ed. by Nigel D. White, Christian Henderson