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ISSN 1019-3316, Herald of the Russian Academy of Sciences, 2020, Vol. 90, No. 1, pp. 49–55. © Pleiades Publishing, Ltd., 2020.
Russian Text © The Author(s), 2020, published in Vestnik Rossiiskoi Akademii Nauk, 2020, Vol. 90, No. 1, pp. 47–55.
International Legal Status of Private Military Companies
A. V. Manoilo
a,
* and A. Ya. Zaytsev
a,
**
,#
a
Moscow State University, Moscow, Russia
* e-mail: cyberhurricane@yandex.ru
** e-mail: zayts214@rambler.ru
Received May 11, 2019; revised August 30, 2019; accepted September 18, 2019
Abstract—The modern world with constantly emerging international contradictions and military conflicts
attempts to react adequately to existing challenges. To this end, private military companies (PMCs) have
become increasingly in demand by states, multinational corporations, and international organizations.
Employees of these companies differ fundamentally from classical mercenaries: PMCs as corporate entities
contract legally hired parties. Interaction with participants in international relations allows private military
companies to act independently; however, the documents required to regulate their activities are absent,
entailing extremely negative consequences. This article gives a history of the PMC phenomenon, considers
the current situation involving their participation in armed conflicts, and analyzes the existing international
legal documents, which may become prototypes of the legislative framework for PMCs.
Keywords: private military companies (PMCs), international legal documents, mercenaries, armed conflicts.
DOI: 10.1134/S1019331620010098
The number of armed clashes has increased sharply
after the collapse of the bipolar world and the end of
the Cold War. Various levers and means are used in
both regional and international conflicts. One way to
achieve set goals is to engage private military compa-
nies (PMCs). Having emerged in the second half of
the 20th century, today they have become integral par-
ticipants in military operations across the world. Vari-
ous international organizations, particularly the
United Nations and NATO, use PMC services, but the
absence of control over these companies makes the
current situation fraught with many negative circum-
stances.
The large-scale use of PMCs in military and peace-
keeping operations [1]; the delegation of the right to
armed violence to them, a right that previously
belonged only to sovereign states and individual inter-
governmental international organizations; and the
voluntary refusal of states to exercise traditional func-
tions in favor of outsourcing have led to a loss of con-
trol over the security sphere and have created condi-
tions for its partial or total privatization by private mil-
itary companies in the future. A very dangerous trend
is observed that may lead to the loss of the state
monopoly on the application of armed violence and to
the invading of this sphere by various nongovernmen-
tal players in international relations, not only PMCs.
Private military companies are bound by obliga-
tions with their employers: authorities, as well as vari-
ous state and civil entities. In addition, in solving mil-
itary security problems on behalf of the governments
of various countries, PMCs remain primarily com-
mercial entities, their main goal being to maximize
commercial profits and minimize costs. This is their
qualitative difference from governmental entities,
which are responsible before their government, and
the government, in turn, before the people. Therefore,
PMCs, to which states delegate the right to violence
for a while, should constantly be in the focus of civil
and parliamentary control. However, this control is
absent in many cases, and PMC activities in conflict
zones are, in fact, uncontrolled. Therefore, the devel-
opment of an international legislative act to legalize
the status of PMCs is acute today.
To clarify the international status of private military
companies and analyze their activities, it is necessary,
first, to consider the content of the term PMC. The
Montreux Document, developed by the International
Committee of the Red Cross in 2008, states [2, p. 9],
[PMCs] are private business entities that provide mili-
tary and/or security services, irrespective of how they
describe themselves. Military and security services
include, in particular, armed guarding and protection
of persons and objects, such as convoys, buildings, and
#
Andrei Viktorovich Manoilo, Dr. Sci. (Pol.), is a Professor in the
Department of Russian Politics, Faculty of Political Science, Mos-
cow State University. Alexander Yaroslavovich Zaytsev is a Teach-
ing and Learning Specialist in the Department of Russian Poli-
tics, Faculty of Political Science, Moscow State University.
Review