This article describes the increasing use of private military corporations (PMCs) and the implications for International Humanitarian Law (IHL). After considering the development of the laws of war alongside the rise of corporations the author questions the likely effect this new development may have for sovereign states and the notion that only states have the right to control military power. The author argues that this development will have consequences for sovereign democracies, IHL and Human Rights

Collins, Pauline

English

Purpose
This paper aims to raise awareness and the level of debate on a significant new development in international law.

Design/methodology/approach
The paper takes a historical overview in considering current approaches to the phenomenon of private military corporations (PMCs) and uses case examples to discuss the issues raised.

Findings
The paper concludes that the phenomenon raises many issues that need further analysis, such as the outcome of this phenomenon on the future of democracy in sovereign states.

Research limitations/implications
The topic allows for much further research into such matters as definitional, jurisdictional and enforceability issues with regard to corporate entities known as PMCs.

Practical implications
For peace and human rights to prevail in democracies in which the state maintains the monopoly on the use of force, the paper argues that PMCs should be prohibited rather than subjected to mere regulation.

Originality/value
The paper is the first to use the term “preyfits” in describing the actions of transnational corporations. While most scholars argue for regulation of PMCs, this paper argues for their total prohibition

Collins Pauline

University of Southern Queensland Repository

It's just Another War

10 Trials 1081, 194; see

20 Statement by Special Rapporteur on Mercenaries: Fifty-sixth General Assembly,

41 See above n.17, 156-158. fight the ‘just war’ and where is the ability or incentive to develop and enforce applicable laws of war?

A Status of Forces Agreement (SOFA) often provides immunity from local laws of host states to defence personnel who are subjected to extraterritorial jurisdiction under the Defence Force Discipline Act

Contractors Ranked by Total Contract Value in Iraq and Afghanistan from 2002 through

control over security. Samuel Huntington’s The soldier and the State

Direct vs Indirect Obligations of Corporations under International Law’,

eg, Taguba Report- Hearing Article 15-6 Investigation of the 800 th Military Police Brigade 004/800-mp-bde.htm> at 14 June2005; Tony Gutierrez,

Fordham ‘A Very Sharp Sword. The Influenced of Military Capabilities On American Decisions to Use Force’,

Global Policy Forum, ‘Comparison of Revenues among States and TNCs’,

Grumman Corporation,

High Pay goes with high-risk territory’, The Courier- Mail May 3, 2005: “The risks are great; but for former soldiers like Ahmelman, so are the rewards. Salaries of $9,000 a week are not uncommon.” 4;

Memoranda Office of the Administrator of the Coalition Provisional Authority Baghdad, Iraq Public notice Regarding the Status of Coalition, Foreign Liaison and Contractor Personnel

More Blackwater employees killed

Office of the Administrator of the Coalition Provisional Authority Baghdad, Iraq Public notice Regarding the Status of Coalition, Foreign Liaison and Contractor Personnel

placing our confidence in the loving God behind all of life, and all of history. May He guide us now. And may God continue to bless the United States of

Public Security Management in Post conflict Afghanistan: Challenges to building local ownership Chpt 3 in A

Sescher ‘Are Soldiers less War-Prone than Statesmen?

Smoke Him”: Video shows wounded men being shot by US Helicopter,

The Australian Government while not a signatory to the Mercenary Convention of 1989 has the capacity through legislation like the Crimes (Foreign Incursions and Recruitment) Act

The Collapse of Globalism and the reinvention of the world,

The Effects of Different Types of Military Mobilization on the Outcome of International Crises’,

The Gray Zone: Has a Secret Pentagon Program come to Abu Ghraib?’ The New Yorker< http://www.newyorker.com/printables/fact/040524fa_fa ct >at 9

The Pursuit of profit at all costs, corporate law as a barrier to corporate social responsibility,’

The UK is leading the way in this area with the Companies Act

The War Business: Pentagon’s Private Army (2004) 948,00.html > at 20

War everywhere: Rights, National, Security Law and Law of Armed Conflict in the Age of Terror’,

http://eprints.usq.edu.au/4661/1/Collins_SRJ_v4n3.pdf

It's just another war!

It's just another war!

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