Private Military and Security Companies and International Humanitarian Law

While the presence of private military companies in conflict situations is not new, their numbers have grown and, more significantly, the nature of their activities has changed. In addition to the more traditional logistical support, PMCs / PSCs have been involved more and more in activities that bring them close to the heart of military operations – and thereby into close proximity to persons protected by International Humanitarian Law. It is sometimes said that PMCs operate in a legal vacuum, that international law gives no answer as to how violations committed by their staff should be handled. Such a broad statement is incorrect from a legal point of view and it is important to stress that obligations do exist in that regard. In particular, with regard to two main issues: The status, rights and obligations of the employees of PMCs / PSCs, and the obligation of States to respect and ensure respect for International Humanitarian Law in connection with the activities of these companies.