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18 Melb. J. Int'l L. 16 (2017)
The Status of Private Military Security Companies in United Nations Peacekeeping Operations under the International Law of Armed Conflict

handle is hein.journals/meljil18 and id is 27 raw text is: THE STATUS OF PRIVATE MILITARY SECURITY COMPANIES IN UNITED NATIONS PEACEKEEPING OPERATIONS UNDER THE INTERNATIONAL LAW OF ARMED CONFLICT JONATHAN CROWE* AND ANNA JOHNt Private military security companies ('PMSCs') are present in almost all United Nations peacekeeping operations. The utilisation ofPMSCs by international organisations raises distinct and complex legal issues. This article discusses the status ofPMSCs under the international law of armed conflict, focusing particularly on their involvement in UN peacekeeping activities. We argue that assessing the position of PMSCs requires a sharper understanding of the legal status of civilians who may play an active role in hostilities. The role of PMSCs in UN operations, in particular, places pressure on the widespread view that civilians who participate in hostilities thereby violate the law of warfare. The article then reviews the options for holding PMSCs accountable for violations of international law. We argue that this issue is best addressed by treating international humanitarian law, international human rights law and international criminal law as an interlocking body ofnorms and mechanisms applicable in armed conflict. CONTENTS I Introduction.................. ........................ ..... 16 II The Role Of PMSCs in UN Peacekeeping .................. .......... 19 A The UN's Mandate and Peacekeeping............. ............ 19 B The Involvement of PMSCs in UN Operations ................... 21 III PMSCs and the Principle of Distinction ............................. 24 A The Role of Humanitarian Norms .................. .......... 24 B Applying the Principle of Distinction..........................26 C The Significance of Combatant Status ............. ............28 IV A Holistic Approach to PMSC Accountability...................30 A The Accountability Deficit.................................30 B An Integrated Law of Armed Conflict?........................32 C The Role of Human Rights.................. ..............35 D Criminal Accountability ..................... .............39 V Conclusion................................................. 42 I INTRODUCTION In June 1998, the then United Nations Secretary-General Kofi Annan surmised that the world was 'not ... ready to privatize peace'.1 Over a decade later, not only have states engaged the services of private companies in areas of conflict, but the UN itself has regularly utilised private military security * BA (Hons), LLB (Hons), PhD (UQ); Professor of Law, Bond University. t BA, LLB (UQ). The authors would like to thank Radha Ivory for her advice, support and encouragement and Melanie O'Brien for her generous feedback on an earlier draft. Thanks also to the anonymous referees for their detailed and helpful comments. 1 United Nations, 'Secretary-General Reflects on Intervention in Thirty-Fifth Annual Ditchley Foundation Lecture' (Press Release, SG/SM16613, 26 June 1998) <http://www.un.org/press/en/1998/19980626.sgsm6613.html> archived at <https://perma.cc/NDE2-28R2>. 16

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