Privatization of Armed Conflicts and International Humanitarian Law

Abstract

From earlier times Private Military Companies (PMC) have become a popular phenomenon in armed conflicts around the world. However thus far, International law have averted from creating a comprehensive legal framework that is especially needed on recognizing the status of people who provides services under PMC to uphold accountability. Today the International community has laid down several International documents with regard to the subject matter, focusing on responsibility and good practice of the PMCs. However, a question arises on the legality of these documents. PMCs are today playing its role, which has attracted the attention of the International community for the reason of their recent activities around the world. Therefore there is a need of adopting a new legal phenomenon addressing the activities of the PMCs with respect to the laws of International Humanitarian Law (IHL).In light of that, this paper will focus on the overview of the existing International laws with regard to PMCs. It will also critically analyse the existing International theories and documents in relation to the effects it would have on PMCs, with a special reference to its accountability and criminal responsibility. In this study qualitative information was used for the purpose of critical analysis. Based on such analysis both pros and cons were recognised. As a result it was discovered that there is a necessity to take initiatives to create an inclusive International framework that binds all participants of armed conflicts with reference to principles of IHL.