INTERNATIONAL RESPONSIBILITY FOR THE ACTIONS OF PRIVATE MILITARY AND SECURITY COMPANIES
Main Article Content
Abstract
The rapid spread and diversification of the services offered by private military and security companies has drawn the attention of the international community, particularly in view of their involvement in combat operations and the violations of international law committed by their personnel. This necessitates a discussion of international responsibility for the actions of these companies, which is the focus of our current research. Our research will specifically focus on the responsibility of the state that contracts these companies
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References
Arabic References
Books
Hamza H. Longet, Responsibility for the Actions of Private Military and Security Companies in Light of International Humanitarian Law, 1st ed., Zain Legal Publications, Beirut, 2017.
Majid Hussein Ali Al-Jumaili, Private Security Companies, Dar Al-Fikr Al-Jami’i, Alexandria, 1st ed., 2016.
Tayba Jawad Mohammed Al-Mukhtar, Legal Regulation of International Private Security Companies: A Study in Public International Law, 1st ed., Zain Legal Publications, Beirut, 2018.
Faisal Eyad Faraj Allah, State Responsibility for Violations by Private International Military and Security Companies in Light of International Humanitarian Law, Al-Halabi Legal Publications, 1st ed., 2013.
Obaid Mahmoud Moussa, The International Court of Justice and Its Role in Developing Rules of International Criminal Law, Amjad Publishing and Distribution, Amman, 2017.
Sayid Mostafa Ahmed Abu Khair, International Military and Security Companies. 1st ed., Iterak Publishing and Distribution, Cairo, 2008.
Articles
Ben AoudiaNasira, Private Military and Security Companies and the Basis of State Responsibility for the Actions of Their Employees, Academic Journal of Legal Research, Vol. 11, No. 04, 2020.
DjamalFourar Al-Aidi, Mercenaries in Light of International Law: The Russian Wagner Model, Algeria 1 Annals, Vol. 37, No. 03, 2023.
Khadija Arsan, Security Companies in Light of International Humanitarian Law, Damascus University Journal of Economic and Legal Sciences, Vol. 28, No. 01, 2012.
Maher Jamil Abu Khawat, The Legal Status of Mercenaries and Employees of Private Security Companies During Armed Conflicts, Journal of Sharia and Law Studies, Vol. 39, No. 01, 2012.
Abbas Walid, Military and Security Companies and Their Responsibility for Violations of Public International Law, University of Algeria Annals, Vol. 34, No. 03, 2020.
International Texts
Hague Convention of 1907.
United Nations Charter.
Convention on the Prevention and Punishment of the Crime of Genocide, 1948.
The Four Geneva Conventions, 1949.
Additional Protocol I of 1977 for the Protection of Victims of International Armed Conflicts.
United Nations Convention Against Mercenarism, opened for signature in 1989, entered into force on November 20, 2001, adopted by the General Assembly at its 44th session in Resolution 34 of 1989.
Declaration on the Elimination of Violence Against Women, 1993.
Rome Statute of the International Criminal Court.
International Reports
Report of the Special Rapporteur on the Issue of Mercenaries to the UN General Assembly, December 29, 2008.
Report of the Secretary-General pursuant to paragraph 30 of Resolution 1546 (2004), Document No. S/2005/585, 2005.
Various International Documents:
Draft Convention on Private Military and Security Companies, Human Rights Council, 15th session, dated October 5, 2010, Document No. A/HRC/15/25.
Draft Articles on the Responsibility of States for Internationally Wrongful Acts.
Websites:
1. Abu Ajeeb, ‘Mechanisms and Means of Protecting Humanitarian Work: Between Theory and Practice’, Scandinavian Institute of Human Rights, 2004, p. 51. Available at: https://sihr-fr.org/wp-content/uploads/2017/10/Mechanisms-and-Measures-of-Protection-Between-Theory-and-Practice.pdf.
Montreux Document on International Legal Obligations and Good Practices for States Related to Private Military and Security Companies During Armed Conflict, 17 September 2008. Available at: https://www.montreuxdocument.org/pdf/document/ar.pdf.
Mohammed Khalfan Al-Sawafi, ‘The Growing Role of Private Military and Security Companies: Blackwater and Wagner as Case Studies’, 11 September 2024, available at: Trends Research and Consultations. [www.trendsresearch.org]
4. Leila Nicola, ‘The Dangers of Private Security Companies: Blackwater and Wagner as Models’, 20/07/2023, Al-Mayadeen Network. [www.almayadeen.net]
5. United Nations website: www.legal.un.org
6. International Court of Justice website: [www.icj.org]
Foreign language references:
Books:
Carlos Ortiz, The Private Military Companies: An Entity at the Centre of Overlapping Spheres of Commercial Activity and Responsibility’, in Thomas Jäger and Gerhard Kummel (eds.): Private Military and Security Companies: Challenges, Problems, Pitfalls and Prospects’, Verlag fürSozialwissenschaften, 2007. Verlag fürSozialwissenschaften, 2007.Daillier, P. and A. Pellet, Public International Law (Nguyen Quoc Dinh, 5th edition), G-D-J-DELTA, 1994.
Articles:
Doug Brooks, ‘Messiahs or Mercenaries?’ The future of international private military services’, International Peacekeeping, Vol. 7, No. 4–12, 2000.