Private military and security contractors: a face-off with the notion of direct participation in hostilities, in international armed conflicts

Abstract

Private military and security companies (PMSCs) have become a significant feature in recent international armed conflicts. Under international humanitarian law, PMSCs are, for the most part, clothed with civilian status. As civilians, they are precluded from any direct participation in hostilities if they are to ensure their immunity against direct targeting, and yet they are increasingly performing duties once reserved for military personnel. This article analyses the functions traditionally undertaken by PMSCs in light of the International Committee of the Red Cross’s (ICRC) interpretation of what constitutes unlawful direct participation in hostilities. This analysis offers advice to PMSCs, and those opposing them, as to what activities might compromise their civilian immunity against attack. This article also explores the legal consequences which result when PMSCs elect to participate directly in hostilities, despite their civilian status.