Privačios karinės ir saugumo kompanijos ir jų reguliavimo problemos tarptautinėje humanitarinėje teisėje.
MetadataShow full item record
The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century the state became almost the only subject that was able to wage a full-scale war. Nevertheless, already in the middle of the XXth century mercenarism has been reborn in Africa’s colonial and post-colonial wars. The end of the XXth century and the beginning of the XXI century witnesses an enormous rise of private security and military companies (PSMC) that are hired to perform different functions related to use of force not only by states, but also by other clients such as international organisations, transnational corporations, etc. A PSMC may be defined as a profit-seeking private enterprise, which is established according to the national law of the state and which is providing, on the basis of a contract, services directly or indirectly connected with the use of military force or its institutions whether in time of armed conflict or peace, notwithstanding how such company describes itself. International humanitarian law has no specific regulation of PSMC. Nevertheless, it would be erroneous to state that the activity of PSMC is not regulated, because international humanitarian law in any case, in one or another way, is applicable to the personnel of PSMC if it is engaged in armed conflict of either international or non-international character. However, it is difficult to evaluate which status such personnel have under international humanitarian law. It is clear that only small part of PSMC personnel may qualify as combatants even though they are wearing uniforms and carrying weapons. Such qualification will directly depend upon the relationship of PSMC personnel with the state armed forces and functions performed (effective control test). The regulations of international law on mercenaries are also inadequate in order to qualify the personnel of PSMC as mercenaries. Moreover, the notions of "combatant" and "mercenary" are only relevant in the course of international armed conflict. Therefore the only way to establish the status of PSMC personnel engaged in armed conflict is an analysis of ad hoc situations. The possibility that PSMC activity will be specifically regulated by international humanitarian law is low and the Montreux Document on Pertinent International Legal Obligations and Good Practices for States Related to Operations of Private Military and Security Companies during Armed Conflict clearly shows this trend.
- Articles / Straipsniai