Legal Regime of Private Military Companies

• Author: Ovidiu Horia Maican
• Profession: Department of Law, Bucharest University of Economic Studies, Romania
• Pages: 81-91

Legal Regime of Private Military Companies

Lecturer Ovidiu Horia MAICAN

1

Abstract

Private military companies are in dependent companies that offers military ser-

vices to national go vernments, international organizations, and substate actors. Private

military companies (PMCs) are an important and deeply controversial element of the pri-

vatized military industry. PMCs specialize in providing combat and protection forces.

Their work ranges from running small-scale training missions to providing combat units

composed of up to several hundred highly trained soldiers. The use of military force by

private-sector organizations is not new. It is present since Middle Ages. The most known

example in modern history is british East India Company private milita ry units, present

in India until 1857.

Keywords: private military companies, mercenary, United Nations, European

Union.

JEL Classification: K21, K33

1. Introduction

The subject in making use of international humanitarian law depends on

exactly what the prison popularity of PMCs are. International humanitarian law

is reflected in the 1949 Geneva Conventions with the two accompanying 1977

Geneva Protocols, which makes best distinctions between rights, privileges and

immunities of combatants and non-combatants in armed conflict. Due to the blur-

ring difference between fighters and non-combatants, numerous issues are raised

for the operation of the Geneva Conventions and Protocols on an international

law level.

2

2. International instruments

Armed civilians create issues for the application of the Geneva Conven-

tions and Protocols. In an worldwide armed struggle they ought to be classified

as both one of four categories.

3

1

Ovidiu Horia Maican – Department of Law, Bucharest University of Economic Studies, Romania,

ovidium716@gmail.com.

2

Tung, H., Under International law, what is the legal status of Private Military Contractors during

military occupation and under, United Nations Peace Keeping Operations?, P eace Operations

Training Institute 2005. p. 7

3

Idem, p. 8.