UN’s Use of Private Military and Security Companies in Peacekeeping Operations: Is There a Legal Basis?

Abstract

PMSCs are not only hired by states, the UN makes use of PMSCs as well. Due to the UN member states’ passivity there has not been a single peacekeeping operation without the involvement of PMSCs since 1990. But is there a legal basis? The UN Charter neither provides a legal basis for peacekeeping operations nor does it mention PMSCs. For that reason peacekeeping operations were labeled Chapter VI 1⁄2 operations and the implied powers doctrine has been emphasized repeatedly as legal basis. May the implied powers doctrine be invoked as well for the use of PMSCs or does this go beyond the scope of its application? Additionally, the peacekeeping principles – the holy trinity – consent, impartiality and use of force only for self-defense, need to be analyzed in the context of PMSCs. In particular, the deployment of PMSCs as security personnel is described in more detail.