Privatization of Security Revisited: the Expansion of Private Security Companies in the Age of Hybrid Conflict (2013-2025)

The article examines the criminal law regulation of private military and security companies in the United States. The genesis of the emergence of private military and security companies, their functions and principles of activity are considered. The author analyzes the legislative framework that defines the status and position of private military and security companies in the United States. The legal relations of US government agencies with private military and security companies are studied. The author analyzes the US regulations on the joint activities of the US Department of Defense, the Department of Justice and the Department of State on the joint policy governing the powers of private military and security companies, namely, the mechanism of command and control over employees of private military and security companies, including in the collection and analysis of intelligence information. The author identifies topical issues of criminal law regulation of activities and liability of private military and security companies in the United States. The article examines the doctrines of liability that have, in one way or another, provided private military and security companies with the opportunity to protect themselves from prosecution in American courts. Some of the liability rules relate to the immunity of the State from prosecution in any court, both domestic and foreign, which have been repeatedly applied by the United States. Key words: private military companies in the USA, private security companies in the USA, criminal law regulation, regulatory acts of the USA, principles of activity.

Abstract: This paper is devoted to the growing phenomenon of the private military and security industry with respect to human rights obligations. In the first part, it will analyze the concept of a private security company, which is not clear in national regulations and has few relevant provisions in international conventions. The second part will contain a short description of examples of human rights violations committed by private military and security companies, or with their participation, during service delivery or other forms of activity. The third part of this paper discusses possible methods of responsibility enforcement, with respect to the transnational character of many private security companies involved in human rights violations worldwide. One of the most important elements of the discussion in international community should focus on binding international instrument, preferably a convention, which would be able to establish at least very elementary rules for states and international organizations, responsible for using private military and security companies. The international community has witnessed a lot of initiatives from non-governmental entities, also model laws and self-regulations of the private security industry, but still the real problem has not even been reduced. The number of human rights violations has grown.
 Keywords: Human rights. Private security companies. Liability.

The articles in this volume provide rich information about the privatization of security and the emergence of private security and military companies. The approaches to the topic differ; some are more empirically oriented, some are more theoretically oriented; some deal with the whole spectrum of private military and security companies, same make a distinction between private security companies on the one hand and private military companies on the other and pay more attention either to the former or the latter. Quite naturally, the contributors to this book also differ in their opinions and attitudes towards private security and military companies; some perceive more risks than chances and see the problems, pitfalls and disadvantages outweighing the prospects, chances and advantages; with others just the opposite is the case. We thus need to stress that our conclusions are our conclusions as inferred from our reading of the various chapters of this anthology, i.e., others might come to different conclusions and ideas.

Introduction: The Ethics and Governance of Private Military and Security Companies Andrew Alexandra, Deane-Peter Baker and Marina Caparini Part 1: Ethics 1. What Are Mercenaries? Uwe Steinhoff 2. Of 'Mercenaries' and Prostitutes: Can Private Warriors be Ethical? Deane-Peter Baker 3. Regulating Anarchy: The Ethics of PMCs in Global Civil Society Mervyn Frost 4. Benevolence, Honourable Soldiers, and Private Military Companies: Reformulating Just War Theory Joseph Runzo 5. Private Security Companies and Corporate Social Responsibility Christopher Kinsey Part 2: Policies and Law 6. Mars Meets Mammon Andrew Alexandra 7. Private Military Companies: Markets, Ethics, Economics Jurgen Brauer 8. Ruthless Humanitarianism: Why Marginalizing Private Peacekeeping Kills People Doug Brooks and Matan Chorev 9. Private Security Companies and Intelligence Provision Dominick Donald 10. Private Actors and the Governance of Security in West Africa Ade Ebo 11. Private Military/Security Companies: The Status of their Staff and their Obligations under International Humanitarian Law and the Responsibilities of States in Relation to their Operations Emanuela-Chiara Gillard 12. Regulating Private Military and Security Companies: The U.S. Approach Marina Caparini Part 3: Civil-Military Relations 13. Privatization of Security, International Interventions and the Democratic Control of Armed Forces Herbert Wulf 14. Privatized Peace? Assessing the Interplay between States, Humanitarians, and Private Security Companies Christopher Spearin 15. The Military and the Community: Comparing National Military Forces and Private Military Companies Jessica Wolfendale 16. Interface Ethics: Military Forces and Private Military Companies Asa Kasher 17. The New Model Soldier and Civil-Military Relations Elke Krahmann

The period of rapid growth and development of the phenomenon, that is presently characterized as private military and security companies (PMSCs), coincided with the two processes of modern history of international relations: the end of the Cold War and the beginning of the U.S. Global War on Terror (GWOT) in Afghanistan. At the same time state attitude towards violence and transformation of warfare has been changing as well. Two diff erent approaches to the history of the private security market’ rise unveil the fact, that, in one way or another, the originators of the private security services were associated with the defense industry and armed forces. Non-state security actors look back on a history, that stretches to the middle and the second half of the 20th century – the period of national liberation movements across the world. Meanwhile, the 90-s of the 20th century marked the fast growth in the number of PMSCs and in the development and enlargement of the private security services’ market. Its growth is ongoing to date with gaining more new states that are interested in utilizing its capacity as an instrument of politics. Against the backdrop of the world political processes the private security market experienced technological growth and enhancement. Together with that, both the normative regulation and the approaches of the international community to the phenomenon of private military and security companies have been evolving and changing. Despite its functionality, fl exibility and technological advantages, the market of private security can challenge human rights as well as bare responsibility for the facts of corruption and improper fulfi llment of contractual obligations. Still the episodes of revealed grieve violations rarely reach courts, with infrequent cases of sentencing the perpetrators to punishment. These and other problems occurring in the private security industry require close attention by the states and international community, which has been making eff orts for elaboration of the applicable normative mechanisms to regulate private military and security activity for more than fi fteen years.

The end of the 20th century and the beginning of the 21st century are characterized by privatization of the public goods, border transparency is getting bigger, common market and primarily the basic functions of the state are getting weaker, which leads to weakening of her efficiency in law enforcement, as well as fragmentation of the security sector, which was traditionally in jurisdiction of the state. Pressed from all sides, political, economical and variety of different threats, processes and actors, countries have lost monopoly over conducting organized violence. The consequence of that process is that countries, some voluntarily, led by economic reasons, and some regarding political and security pressures, have given up their role of the ultimate legitimate provider and guarantor of security to the private military and security companies. Development of the private security sector, inside which private and non- state providers of security are functioning, elsewhere, excessively independent of the parent state, represent very significant moment in the development of the contemporary international relations, as well as for functioning the states themselves. Private security industry, private security companies and private military companies have built, in the world, industrial chain which is functioning freely on global market, and it is organized along permanent and firm corporation relations and it is constantly growing and getting stronger.

Introduction Christine Bakker and Mirko Sossai Part I: General Overview 1. Regulatory Initiatives at the International Level Nigel D White 2 The Regulatory Context of Private Military and Security Contractors at the EU Level Guido den Dekker 3. The European Union and Private Military and Security Contractors: Existing Controls and Legal Bases for Further Regulation Marco Gestri 4. The Role of EU External Relations in Ensuring Compliance with Human Rights and Humanitarian Law by Private Contractors Mirko Sossai and Christine Bakker 5. A Comparative Overview of European and Extra-European National Regulation of Private Military and Security Services Ottavio Quirico Part II: Existing Regulation and Case Law in EU Member States 6. The Baltic States 1 Ieva Miluna 7. Belgium Axelle Reiter 8. Czech Republic Petra Ochmannova 9. France Vanessa Capdevielle and Hamza Cherief 10. Germany Ralf Evertz 11. Italy Andrea Atteritano 12. The Netherlands Guido den Dekker 13. Spain Joana Abrisketa 14. Sweden Andreas Bergman 15. The United Kingdom Alexandra Bohm, Kerry Senior and Adam White Part III: Options for Regulation: the Experience of Relevant Third States 16. United States: Law and Policy Governing Private Military Contractors after 9/11 Kristine Huskey and Scott Sullivan 17. Canada: Beyond the Law? The Regulation of Private Military and Security Companies Operating Abroad David Antonyshyn, Jan Grofe and Don Hubert 18. Colombia: Regulating Private Military and Security Companies in a 'Host State' Irene Cabrera and Antoine Perret 19. Israel: Going Private: The Use and Regulation of Private Military and Security Companies in Situations of Armed Conflict Yael Ronen 20. Russian Federation: Regulatory Tools Regarding Private Entities Performing Military and Security Services Signe Zaharova 21. South Africa: The Regulatory Context of Private Military and Security Services Faustin Z Ntoubandi 22. Australia: Regulating Private Military and Security Companies Tim McCormack and Rain Liivoja Part IV: Challenges to the Regulation of Private Military and Security Companies 23. Jurisdictional Competence and Applicable Criminal Law with Regard to Private Military and Security Companies Ieva Miluna 24. Military Criminal Justice and Jurisdiction over Civilians: The First Lessons from Strasbourg Stefano Manacorda and Triestino Mariniello 25. The Regulation of Private Military and Security Companies: Tax Aspects Giuseppe Melis and Alessio Persiani Annex: Priv-War Recommendations for EU Regulatory Action in the Field of Private Military and Security Companies and their Services

The world is witnessing many armed conflicts, which played a prominent role in tearing the countries that were exposed to those conflicts, and therefore these conflicts prompted governments that are experiencing internal or external conflicts and turmoil to seek the assistance of private military and security companies in order to maintain their rule, and the services provided by these companies are Several, including training, providing advice and intelligence information, as well as securing convoys and transporting supplies, but their progress increased to the point of participating with the security forces in the fighting. This research is of great importance in the international and national criminal responsibility of employees of private military and security companies, to clarify individual criminal responsibility in the light of the provisions of international humanitarian law and international criminal law. Since private security companies are so far governed by clear and binding international rules, it is necessary to make possible efforts to prevent serious violations of the rules of international humanitarian law and human rights rules by employees of those companies at the internal and international levels.

Relevance. The collapse of the bipolar world and the building of international relations in conditions of increasing turbulence have led to the intensification of the use of private paramilitary forces by both states and economic entities to protect their business interests and follow geopolitical priorities. China, being one of the key actors in global economic relations, has been increasing its presence abroad since 2010 by expanding the geography of private security companies.The purpose of the paper is to study the development of the activities of private security companies in China as a tool for expanding geopolitical influence.The objectives are to systematize the features and activities of PSCs; review Chinese national legislation regarding private security companies; study the market for private security services in China; analyze the activities of Chinese PSCs abroad.Methodology. The study has used applied and general scientific research methods, including systemic and comparative analysis, as well as synthesis of information on the topic of the work.Results. The study has examined the reasons for the development of the market for private military and security services, highlighted the main advantages and disadvantages of PSCs, investigated the dynamics of the formation of Chinese PSCs, analyzed the geography of the activities of Chinese PSCs in foreign markets.Conclusion. Given the transformation of the system for ensuring international stability, the states’ demand for private security services has increased significantly. China is armed with a national market for private security companies, some of which operate in foreign markets. The geography of the activities of Chinese PSCs coincides with the geopolitical interests of the PRC and the regions where major investment projects are being implemented.

El estudio del aumento de empresas militares y de seguridad privada, junto con los estudios sobre prácticas de vigilancia electrónica son dos temas de creciente debate en el campo de las relaciones internacionales. Por un lado, la privatización de la seguridad tiene efectos en la seguridad internacional y en la soberanía estatal. Por el otro lado, la expansión de las prácticas de vigilancia electrónica son nuevos riesgos para los derechos humanos, como la privacidad. En este contexto, este artículo indaga sobre un tema poco investigado en áreas con capacidad estatal limitada: las implicancias del continuo proceso de digitalización y automatización en la industria de la seguridad privada y de la vigilancia electrónica. El artículo se basa en un análisis de los discursos de las empresas transnacionales de seguridad privada y vigilancia electrónica que operan en Argentina, y de los problemas asociados a estas prácticas. Específicamente, se detallan las consecuencias de la digitalización y automatización, como el incremento de la dependencia tecnológica, la oferta de falsas soluciones tecnológicas que no resuelven los complejos problemas sociales que provocan la inseguridad, la creciente susceptibilidad a fallas tecnológicas de los equipos de vigilancia electrónica, y su amenaza a los derechos humanos. Finalmente, el artículo concluye con una síntesis de los principales puntos y recomendaciones de política pública para contrabalancear las asimetrías en favor de estas empresas transnacionales.

Private security and military companies have become a ubiquitous part of modern armed conflict and post-conflict reconstruction. Their diverse clients include governments in the developed and developing world alike, non-state belligerents, international corporations, non-governmental organizations, the United Nations, and private individuals. The implications of this proliferation of private security and military companies for international humanitarian law and human rights are only beginning to be appreciated, as potential violations and misconduct by their employees have come to light in Iraq and Afghanistan. The author critically examines the theoretical risks posed by private military and security company activity with respect to violations of international humanitarian law and human rights, together with the incentives that these companies have to comply with those norms. Empirical evidence is also presented to expand on this theoretical framework. Taking a multidisciplinary approach, the author draws on law, international relations theory, criminology, economics, corporate strategy and political economy, as well as psychology and sociology, to analyse the competing “risk-factors” and “compliance levers” that interact at each level of private military and security company activity to enhance or reduce the likelihood of a violation occurring. These findings are then applied by the author to assess emergent measures to deal with private security and military companies outside the legal sphere, including a programme of the International Committee of the Red Cross and the advent of the International Peace Operations Association.

A lot has been debated about private security over the past decades, particularly regarding private military and security companies and their regulation. Even though they are not directly mentioned in any international documents on the subject, there is somehow a consensus that PMSCs must abide by humanitarian norms. However, the field still lacks a detailed and systematic description of the most relevant documents concerning PMSCs and humanitarian and human rights laws: the Montreux Document, the International Code of Conduct for Private Security Providers and the draft of a possible Convention on Private Military and Security Companies. This dissertation thus provides this definition and analyses the existing limitations on regulation and oversight derived from the absence of a specific regulation and the documents presented.

Although the sub-title of the book indicates that the authors are not going to deal with all the legal issues arising in the context of a of warfare, the book, and not only the first chapter by Eugenio Cusumano on the policy prospects of regulating private military and security companies (PMSCs), throws its net wider than the title suggests. And rightly so. The privatization of warfare is a consequence and an element of the post-Cold War triumph of capitalism, and especially its neo-liberal advocates' tendency to privatize and deregulate all and everything. It is not by chance that PMSCs have mushroomed in the heartland of neoliberalism - the USA - faithfully followed by its Anglo-Saxon brethren on this side of the Atlantic. As the book specifies, in 2009 there were approximately 119,706 Department of Defense contractors in Iraq, compared with about 134,571 uniformed personnel (at 13). The authors accept the privatization of various functions of the state, including its monopoly of violence, to be almost inevitable. Nevertheless, they call for stronger and tighter regulation of the status and functions of PMSCs and control over their activities. They also show that though often new may be needed, in cases existing laws, and their stricter and sometimes more creative application, may serve the purpose. The book concludes that many private military and security companies are operating in a gray zone, which is not defined at all, or at the very least not clearly defined, by international legal norms (at 340). Though private security (not military) companies, whose functions may range from running prisons to acting as bouncers in nightclubs, have a presence in practically all countries, the authors concentrate on the activities of those PMSCs which operate in the most hazardous situations, including the context of armed conflicts, be �

The Canadian forces are rightly interested in new armed actor, whether employed by Canada or by another allied country, present in its areas of operations - the international private security company. In Afghanistan alone, some 28,000 privately employed personnel provide security to variety of international clients. Numbers such as these highlight the substantial growth of the private security industry since its modest start at the end of the Cold War.1 Consequently, the Canadian forces are keen to know more about how private security companies operate, how they are managed, and how they interact with state militaries. Key issues of concern include accountability and oversight, situational awareness, appropriate rules of engagement, respect for humanitarian norms and human rights obligations, vetting, and levels of interoperability and training. Information and doctrine development on these issues are important to ensure that private companies complement, rather than overly complicate and detract from, Canadian forces' operations in the contemporary battle space.2This article's goal is to cast the net wider to consider how the private security industry may affect the Canadian forces' position as Canada's official organization charged with the responsibility to employ violence when needed overseas. This is no small issue, given the emphasis the Canadian government currently places on the forces as an instrument of policy. The forces have been reorganized into operational commands; the government has increased levels of funding and made substantial purchases; and operations in Afghanistan represent Canada's largest combat deployment since the Korean War. What is more, the government's reliance upon the forces is in keeping with the 2005 international policy statement's goals of improving Ottawa's relations with Washington. As Joel Sokolsky contends, the Canadian forces' participation in Afghanistan shows US policymakers that Canada takes continental security seriously by demonstrating a willingness to send forces overseas to participate in the forward defence of the North American homeland.3The article's objectives are twofold. First, it examines how Canada presently relies upon private security companies and why this reliance has come about. It argues that the combination of Canadian forces' manpower restraints and the private security industry's predominant focus on defensive tasks may lead the forces increasingly to emphasize the proactive application of violence. Such shift is at odds with the perception of the Canadian public that the forces are there to serve in protective roles and as peacekeepers. Second, despite the wishes of the Canadian populace, the US is likely to appreciate more military contributions from Canada that involve deployments to dangerous areas and direct engagement in combat efforts, thanks in part to the support it receives from the private security industry. The irony here is that private security companies potentially hinder such forces' contributions by draining manpower away from already-strained special forces.CANADA AND PRIVATE SECURITY COMPANIESAs expressed by Conservative Defence Minister Peter MacKay, contractual relationships between Canada and private security companies have been longstanding: Private security firms have been used from time to time depending on the issue.... That is standard practice.... It has happened under the previous government and we are very judicious when we enter into these contracts.4 During the tenure of Liberal governments, ArmorGroup provided protection to Canadian diplomatic and development personnel in Kenya and the Democratic Republic of Congo, and the Golan Group has supplied security services to Canadian diplomatic missions in central America. In recent years, however, contractual interactions between Canada and private security companies have increased considerably. In Afghanistan, Saladin Security, Hart Security, and Blue Hackle Security have provided protection services, respectively, to the Canadian embassy in Kabul, the strategic advisory team, and the joint coordination centre in Kandahar City. …

We call into question the growing presence of private security companies (PSCs) in cities throughout the world. Though PSCs have grown enormously in recent decades, there exist few academic analyses to consider their broad-reaching effects. Researchers still have much to understand about the relationships between PSCs and changing patterns of urban development, governance and public security. PSCs are prevalent in both the Global North and South, yet their presence is perhaps most intense in emerging countries, where social inequality is high and public security is tenuous. As such, in this article we draw on specific examples from the city of São Paulo, Brazil, where demand is soaring for private security and PSCs operate in complicated networks between the state, private capital and organised crime. Our analysis draws attention to the paradoxes of urban private security, beginning with the fact that public insecurity is in fact good for PSC business. By reflecting on existing published resources – and making connections across several disciplines – our goals in this article are threefold: (1) to highlight the need for more research on PSCs in urban settings; (2) to draw attention to the ways private security is changing urban space, and; (3) to suggest that the growth of PSCs, rather than being representative of increased public security, may in some cases coincide with rising levels of urban crime and insecurity.