Soldiers for Hire: Contextualising the Private Military's Legal Conundrums

Abstract

The industry surrounding private military and security companies (PMSCs) is a conflict-driven industry. It often operates in regions with a significant security vacuum and a lack of an efficient legal and judicial system. This underscores the importance of effective regulatory oversight that may be international, national, or an amalgamation of both. Currently, the framing and subsequent enforcement of regulations continue to be a challenge due to divergent approaches among various stakeholders. The research paper focuses on the need to develop a consensus and bring accountability to the industry due to its far-reaching consequences. The research was based on analysing the existing regulations and using primary as well as secondary sources to identify legal gaps that impede the process of ensuring accountability from the PMSCs. Furthermore, the paper contextualised the legal ambiguities by taking up case studies of prominent PMSCs that have shaped current regulations. Apart from identifying the legal ambiguities, the research also highlighted the current scope of regulations and remedies in practice. It emphasised the importance of bringing good practises together and adding new dimensions to the definition of a mercenary by promoting better training procedures, effective and detailed vetting processes, and registering both PMSCs and individual contractors.