Private Military and Security Companies, Responsibility of States and International Humanitarian Law: Toward an Interdisciplinary Definition

Abstract

The aim of the article is two-fold. First, to identify the elements that distinguish private military and security companies (pmscs) from other entities. Second, to propose a definition of pmscs under international humanitarian law (ihl). The hypothesis of the study is that the type of military services provided by pmscs, their direct participation in hostilities and the so-called ‘three externalities’ are the core elements of pmscs and provide a solid basis for their definition in ihl. The research methodology applied is based upon the interpretivist epistemological orientation, which is reflected through an open research question which seeks to examine a range of elements and observable processes which contribute to determining the result. To do this, the research question is formulated in such a way that the proposed analysis illustrates the way in which social and international agents represent “the world” and an object of study (pmscs and their personnel) through their intersubjective interpretations. This is preferred by methodological pluralism and interdisciplinary focuses.