The Legality of the Use of Private Military and Security Companies in un Peacekeeping and Peace Enforcement Operations

The Legality of the Use of Private Military and Security Companies in un Peacekeeping and Peace... Outsourcing military and security services to the private sector is an emerging trend under international law. The shift to using private military and security companies ( pmsc s) in countries such as Iraq and Afghanistan has brought attention to the role that these companies may play in fulfilling functions that are normally monopolised by States or international organisations. The reliance of the un on pmsc s has increased considerably in recent years, leading to the question of the legality of their use in various un operations. This paper focuses on two main aspects of the un ’s use of such companies; (i) The engagement of pmsc s in peacekeeping operations, either when hired by the un directly or when hired by a State and subsequently seconded to the un ; and (ii) The participation of pmsc s in peace enforcement measures adopted by the un Security Council according to Chapter vii of the un Charter. This paper argues that the use of pmsc s in peacekeeping operations is lawful under international law, while their use in peace enforcement operations is not. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of International Humanitarian Legal Studies Brill

The Legality of the Use of Private Military and Security Companies in un Peacekeeping and Peace Enforcement Operations

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Publisher
Brill
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1878-1373
eISSN
1878-1527
DOI
10.1163/18781527-00601002
Publisher site
See Article on Publisher Site

Abstract

Outsourcing military and security services to the private sector is an emerging trend under international law. The shift to using private military and security companies ( pmsc s) in countries such as Iraq and Afghanistan has brought attention to the role that these companies may play in fulfilling functions that are normally monopolised by States or international organisations. The reliance of the un on pmsc s has increased considerably in recent years, leading to the question of the legality of their use in various un operations. This paper focuses on two main aspects of the un ’s use of such companies; (i) The engagement of pmsc s in peacekeeping operations, either when hired by the un directly or when hired by a State and subsequently seconded to the un ; and (ii) The participation of pmsc s in peace enforcement measures adopted by the un Security Council according to Chapter vii of the un Charter. This paper argues that the use of pmsc s in peacekeeping operations is lawful under international law, while their use in peace enforcement operations is not.

Journal

Journal of International Humanitarian Legal StudiesBrill

Published: May 4, 2015

Keywords: private military and; security companies ( pmsc ); peacekeeping; peace enforcement; mercenaries; implied powers; inherent powers; un Security Council; General Assembly; regulation of pmsc s

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