The Legal Status of Private Military and Security Company Personnel Involved in an Armed Conflict Under International Humanitarian Law (Revision)
Abstract
Private Military and Security Company is the private company provide military and
security services. They works based on the contract and depends to the order of the
tenants by giving military support, assist, adviser, training, providing escort duty
as well as guard the importance resources in the conflict, until military combat.
Their existence raised a problem especially on the legal status of their personnel
involved in armed conflict, whether fall down into combatants or civilians. The aims
of this thesis is to analyze the legal status of private military and security company
personnel which involved in an armed conflict under international humanitarian law. This
thesis using normative legal research by a juridical qualitative approach, by collecting and
selecting materials in accordance with the law of the problem under study, then can be
generated description more objective and systematic accordingly which resulting the view
of the problem studied. The result shows the personnel of PMSC has stand on various legal
status which are civilian, and unlawful combatant based on their duties and activities
depending on the contract that they sign and their action on the hostilities. Regardless of
their status, Private military company and its personnel are obliged to comply with
applicable international humanitarian law and as a human being, they have fundamental
guarantees that must be respected by all of the parties of the armed conflict.
Keywords: Armed Conflict, International Humanitarian Law, Legal Status, and
Private Military and Security Company
Collections
- Law [2378]