December 29, 2024
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How international humanitarian law regulates private military companies

The last decade has been characterized by a significant expansion of the role of private military and security companies. Despite stereotypes, private military companies are subject to regulation by international norms, including international humanitarian law. A key problem is that states often disown private military and security companies and do not hold them accountable for their actions. Dynasty’s lawyer told about this in an interview with UA.NEWS”, — write on: ua.news

The last decade has been characterized by a significant expansion of the role of private military and security companies. Despite stereotypes, private military companies are subject to regulation by international norms, including international humanitarian law. A key problem is that states often disown private military and security companies and do not hold them accountable for their actions. About this in interview UA.NEWS was told by the lawyer of Dynasty Law & Investment Oleksiy Hrachov.

“The use of civilians to support military operations is a widely accepted practice. IHL, regulating the status of such persons, establishes a balance between the need to involve civilian specialists and the need to protect the civilian population. In particular, IHL provides that civilians who are officially authorized to accompany the armed forces are entitled to special protection in the event of capture.”

Oleksiy Grachev

Attorney at Dynasty Law & Investment

According to international humanitarian law, the state is responsible for what private military companies do.

“Delegation by the state of its military functions to private companies does not exempt it from international legal responsibility. The state remains a subject of IHL and is responsible for the actions of the ICJ acting on its behalf or under its control. This means that the state is obliged to ensure that these companies comply with IHL norms”

Oleksiy Grachev

Attorney at Dynasty Law & Investment

The main problem is that, in practice, states often disown the actions of PMCs, which they involved in the armed conflict.

“Despite the popular opinion, the activity of PMOK does not go beyond the boundaries of the legal field. On the contrary, it is subject to the regulation of IHL, international human rights law and the national legislation of the states in whose territory they carry out their activities. However, as in practice, states let down the PVKO, and then wean and wean off the methods, methods, and most importantly, the consequences of their activities.”

Oleksiy Grachev

Attorney at Dynasty Law & Investment

Read also:

TOP-5 challenges of international humanitarian law in the modern world: interview with the lawyer of Dynasty Law & Investment Oleksiy Hrachov

War by rules. Dynasty Law & Investment attorney Oleksiy Hrachov on the basic principles of international humanitarian law

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