Download The Legal Regime Applicable to Private Military and Security by Mohamad Ghazi Janaby PDF

By Mohamad Ghazi Janaby

This booklet investigates the trendy privatisation of battle. It particularly specializes in the felony regime regulating deepest army and defense corporation (PMSC) group of workers in armed conflicts. The legislations regulating PMSC body of workers is analysed from views. to begin with, can one of many 3 following felony statuses verified by way of overseas humanitarian legislation – “mercenary”, “combatant” or “civilian” – be utilized to PMSC team of workers? Secondly, the e-book employs a context-dependent method to discover the felony regime regulating PMSC group of workers. It argues that the felony regime regulating PMSC group of workers in armed conflicts depends upon who hires them: person states, the United international locations, non-governmental businesses, or armed teams. This technique represents a departure from previousliterature, where awareness has basically been paid to using PMSCs bystates.

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Extra resources for The Legal Regime Applicable to Private Military and Security Company Personnel in Armed Conflicts

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In this case, if a State hires mercenaries and incorporates them into its armed forces, these people would not be mercenaries. 24 The additional issue with this definition is that it only applies to international armed conflicts as it is included in Additional Protocol I, which relates to protecting victims of international armed conflicts. Thus, hiring foreign fighters in the context of non-international armed conflicts would not lead to the application of the Article 47 definition of mercenaries, even if all other provisions established by this Article are fulfilled.

853; Singer (2004), p. 521; Nevers (2009), p. 169. G. 1007/978-3-319-42231-2_2 15 2 The Legal Status of Private Military and Security Company Personnel Used. . 16 part will shed light on the legal definition of mercenaries and the legal implications of mercenary status. In addition, this part will compare PMSCs and mercenaries in order to find out whether PMSC personnel can be classified as mercenaries. 9 Subparagraph (a), for example, requires that a person should be recruited in order 4 Additional Protocol I to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts, 1125 UNTS 609 (adopted 8 June 1977, entered into force 7 December 1978).

Before the adoption of Article 47 of Additional Protocol I, mercenaries were regarded as lawful combatants. 68 Geneva Convention III entitles a mercenary to prisoner of war status. According to Article 4 A, the following persons are afforded the prisoner of war status when they fall into the power of the enemy: 1. Armed forces of a party to the conflict. 2. Members of militias or volunteer corps forming part of such armed forces. 3. Other militias and members of other volunteer corps, including those of organised resistance movements who fulfil the following conditions: a.

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