THE PERSPECTIVES OF INTERNATIONAL REGULATION OF PRIVATE MILITARY AND SECURITY COMPANIES’

Abstract

Modern international security is a heterogeneous sphere that includes both state and nonstate actors. Legal status of some non-state actors is not always clear. This can be attributed mostly to the dynamics of the global processes. The emergence of new actors, their fast transformation and shift from old forms of activity to the new ones often outpace political and legal assessment of their nature, the impact on some other international trends and the implications of their use that may arise. States and international organizations together with business and non-governmental foundations have started to turn to private security actors more frequently. The fact that traditional methods of state violence are complemented by non-traditional forms influences the idea of violence in the society at large. The efficiency of non-state security actors and the speed they provide services with sometimes exceed the ones of civil servants' and outmaneuver state machine. However these advantages do not contribute to the legitimacy of these non-state actors. As a result during a certain period of time, sometimes a significant one, new actors perform having just a partial legitimacy and a vague accoun tability. Various approaches towards regulation of the abovementioned actors within the framework of national and regional legislation clarify their status in a way. But these measures are not enough for them to obtain legal status under the International Law so far. To address the problem a complex approach that would combine the existing International Law mechanisms with the developing self-regulation methods is needed.

Keywords

• non-state actors
• private military and security companies
• mercenaries
• international law
• privatization
• outsourcing
• sovereignty
• international humanitarian law
• the un
• «swiss initiative»