State Sovereignty and Private Military and Security Companies in Australia

Abstract

Private Military and Security Companies (PMSCs) as active participants within global security environments has increased in the last two decades exponentially. States have progressively incorporated PMSCs in their security functions, both domestically and internationally. Since the conflict in Iraq in the early 2000s, there have been numerous plausible reports of PMSCs violating international humanitarian law. Despite this, only a few have ever been prosecuted, suggesting a fundamental challenge to understandings regarding state control and monopoly over violence. Utilising a historical case study of an Australian PMSC in Operation Iraqi Freedom, this article argues that PMSCs undermine Australian sovereign legitimacy. It demonstrates how Australian oversight and accountability regarding its use of PMSCs is significantly fractured and current regulatory mechanisms concerning PMSCs are deficient. Thus, the Australian government's ability to provide control over the actions of PMSCs is diminished, affecting its sovereign legitimacy and ability to monopolise violence. The article overall conveys the dubious position states come into when the use-of-force is wielded by actors for distinct material incentives.