Abstract
Part three turns squarely to the question of norms. In considering an adequate regulatory framework for the use and conduct of PMCs, it is important to take into account the transnational nature of the industry. When discussing the role of international law in governing the use and conduct of PMCs, many commentators have focused on the flawed mercenary conventions of the United Nations and the Organization of African Unity (OAU) and the ambiguous status of PMC personnel under the Geneva Conventions; many have concluded that international law is hopelessly incapable of dealing with these new actors. This chapter shows that this is at best a partial account of the position of PMCs personnel under international humanitarian law. A crucial question in this context is the circumstances under which PMC may be said to ‘take direct part in the hostilities’.
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