Liability of the Private Military Companies for Violations of International Humanitarian Law

Abstract

In the wake of the privatization of war, new international players known as private military companies have been given the opportunity to actively engage in many armed conflicts throughout the world. They provide a variety of services such as combat services, logistical support, operational support, intelligence, border monitoring, and providing security guards in exchange for monetary compensation. During armed conflicts workers of these military companies can violate international law, including provisions of international humanitarian law. Under the international humanitarian law, the individual criminal responsibility exists to be applied on the employees of these firms, but the international legal framework is unable to identify the liability of these private military companies. Especially, the idea of criminal corporate liability for these companies is nonexistent. This research paper proposes that the idea of corporate criminal responsibility should be introduced at the state level, with the goal of holding Private Military Companies accountable for breaches of International Humanitarian Law and Human Rights Laws. In addition, it is also argued that the special regulations are required to govern private military companies.