Master'sOpen Access

Private power regulation: The legal status of private militaryand security companies in armed conflicts

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2021
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Advisor: Dr. Öğr. Üyesi Yaman Kepenç

Abstract (EN)

This research focused on defining the Private Military and Security Companies (PMSCs), their history, activities, the aspects of the services it provides to the contracting states or parties. Considering the increase in restoring to the PMSCs, the study highlighted several legal aspects, including the legal framework of those companies, the international efforts in regulating its work, and the international documents and agreements that tried to provide a clear definition of its staff, activities, and to limit the violation of human rights. The study took Iraq and as a case study to shed light on the PMSCs' activities, regulation, and human rights violations in addition to the United Nations Working group in these regards. The study presented examples of the practices of the employees of the private military and security companies, and it was found that the perpetrators were not held accountable for various reasons, including the immunities granted to them by the parties that employ them and the weakness of the sanctions and deterrence system of the state and the companies themselves. The study reached multiple conclusions, including the fact that the International legal agreements and documents do not imply any direct civil or criminal liability for private military and security companies. There is an absence of international mechanisms that acknowledge companies and persons' corporate and moral liability for their violations of human rights rules. The responsibility of the employees of PMSCs depends on defining their legal status precisely in international documents and agreements and ending the ambiguity surrounding them.

Author

Tahseen Ayyash

How to Cite

Tahseen Ayyash (Master Thesis). Private power regulation: The legal status of private militaryand security companies in armed conflicts, 2021, Hasan Kalyoncu University.

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