State Control over Private Military and Security Companies by Hannah Tonkin

By Hannah Tonkin

The prior 20 years have witnessed the speedy proliferation of personal army and safeguard businesses (PMSCs) in armed conflicts around the globe, with PMSCs engaging in, for instance, offensive wrestle, prisoner interrogation and the supply of recommendation and coaching. The broad outsourcing of army and safeguard actions has challenged traditional conceptions of the country because the basic holder of coercive energy and raised matters in regards to the aid in nation keep watch over over using violence. Hannah Tonkin severely analyses the overseas responsibilities on 3 key states – the hiring kingdom, the house nation and the host nation of a PMSC – and identifies the conditions within which PMSC misconduct can give upward push to kingdom accountability. This research will facilitate the evaluation of nation accountability in instances of PMSC misconduct and set criteria to steer states in constructing their family legislation and guidelines on deepest defense.

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The Elusive State: International and Comparative Perspectives (1989), 92. 50 Despite their apparent military successes, these companies triggered hostile reactions in their hiring states (such as Papua New Guinea), their home states (South Africa and the UK) and the broader international community. The continuing stigma attached to private offensive combat ultimately led to the dissolution of EO and Sandline, and deterred other companies from offering offensive combat services on the open market.

Chapter 3 argues that a large proportion of PMSC activity in armed conflict will fall within at least one of these three categories. In practice, however, it will frequently be more difficult to prove the responsibility of the hiring state for violations committed by a PMSC employee than it would be if a national soldier of that state were to behave in the same way, and some PMSC conduct may fall outside the rules of attribution altogether. This reveals a potential responsibility gap between states that act through their national armed forces and states that hire PMSCs.

Morally, it is generally considered more acceptable to fight for such causes than to fight for money. This provides some clues as to why the international community reacted with less aversion to the ideologically motivated foreign volunteers who fought in the Spanish Civil War than to the profit-motivated mercenaries who fought in post-colonial Africa. ), From Mercenaries to Market: The Rise and Regulation of Private Military Companies (2007), 14–18. For a discussion of the difference between justifications and excuses in this context, see Lynch and Walsh, ‘The Good Mercenary’ (2000) 8(2) Journal of Political Philosophy 133, 139.

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