Responsibility of the United Nations for the Activities of Private Military and Security Companies in Peacekeeping Operations: In Need of a New International Instrument

Abstract

This chapter deals with the rising deployment of private military and security companies (pmscs) in peacekeeping operations of the United Nations and the demand for an increased willingness on part of the international organisation to take on responsibility for potential wrongdoings by its contracted personnel. It aims to demonstrate that the un is vested with a legal obligation to ensure that the conduct of private contractors under its command complies with obligations under international law and identifies possibilities to formulate a new regulatory framework in light of the recent Montreux Process and the Draft Articles on the Responsibility of International Organizations. The chapter further outlines ways for remedial mechanisms for potential victims of pmsc peacekeeper wrongdoings and offers an insight into the general tension between the organization’s immunity and its accountability. While the un’s reliance on pmscs in peacekeeping operations is an efficient mean to secure troops, it must go hand in hand with the compliance of international legal obligations and institutional responsibility so as to ensure its legitimacy and credibility as a world organization mandated to maintain peace and security and to respect human rights.