The Legality of the Use of Private Military and Security Companies in UN Peacekeeping and Peace Enforcement Operations

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1 Citation (Scopus)

Abstract

Outsourcing military and security services to the private sector is an emerging trend under international law. The shift to using private military and security companies (pmscs) in countries such as Iraq and Afghanistan has brought attention to the role that these companies may play in fulfilling functions that are normally monopolised by States or international organisations. The reliance of the un on pmscs has increased considerably in recent years, leading to the question of the legality of their use in various un operations. This paper focuses on two main aspects of the un’s use of such companies; (i) The engagement of pmscs in peacekeeping operations, either when hired by the un directly or when hired by a State and subsequently seconded to the un; and (ii) The participation of pmscs in peace enforcement measures adopted by the un Security Council according to Chapter vii of the un Charter. This paper argues that the use of pmscs in peacekeeping operations is lawful under international law, while their use in peace enforcement operations is not.
Original languageEnglish
Pages (from-to)147 – 187
Number of pages41
Journal Journal of International Humanitarian Legal Studies
Volume6
Issue number1
DOIs
Publication statusPublished - 2015

Fingerprint

private security and military companies
peacekeeping
legality
UNO
peace
international law
outsourcing
Afghanistan
charter
Iraq
private sector
Military
participation
trend

Keywords

  • private military
  • implied powers
  • General Assembly
  • security companies
  • peacekeeping
  • mercenaries
  • peace enforcement
  • inherent powers
  • regulation of pmscs
  • un Security Council

ASJC Scopus subject areas

  • Social Sciences(all)

Cite this

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title = "The Legality of the Use of Private Military and Security Companies in UN Peacekeeping and Peace Enforcement Operations",
abstract = "Outsourcing military and security services to the private sector is an emerging trend under international law. The shift to using private military and security companies (pmscs) in countries such as Iraq and Afghanistan has brought attention to the role that these companies may play in fulfilling functions that are normally monopolised by States or international organisations. The reliance of the un on pmscs has increased considerably in recent years, leading to the question of the legality of their use in various un operations. This paper focuses on two main aspects of the un’s use of such companies; (i) The engagement of pmscs in peacekeeping operations, either when hired by the un directly or when hired by a State and subsequently seconded to the un; and (ii) The participation of pmscs in peace enforcement measures adopted by the un Security Council according to Chapter vii of the un Charter. This paper argues that the use of pmscs in peacekeeping operations is lawful under international law, while their use in peace enforcement operations is not.",
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