Savryga K.P. Use of force by the personnel of private military and security companies in conflict zones

Abstract: This work analyzes the legal regimes within which the personnel of private military and security companies (PMSC) are allowed to use force. Analysis is conducted on the consequences for the legal status of the personnel of PMSC in cases of application of various regimes. The author clarifies the notion of direct involvement in military activity and legal consequences. Pertaining to the legal regime of self-defense the author provides requirements that should be met in order to use force and not lose the protection of international law. It is determined that the personnel of PMSC can use force only within the framework of two legal regimes: direct involvement in armed conflict, and self-defense. The author concludes that vast majority of the PMSC personnel does not have the status of combatants and their direct involvement in military action can lead to loss of protection that is given to them as civilians by international law. Thus, the only solution for the personnel of PMSC is use of force in the regime of self-defense. It should be noted that this is only allowed with regards to objects protected by international law (civilian population and objects), otherwise their actions would be considered as direct involvement in military operations.

Keywords: