UNHRC – ​PRIVATE MILITARY AND SECURITY COMPANIES (PMSC) IN MODERN WARFARE
​ – PAGE 1 BACKGROUND PAPER: UNHRC PRIVATE MILITARY AND SECURITY COMPANIES (PMSC) IN MODERN WARFARE “If we destroy human rights in response to terrorism, they have won.” ­ Joichi Ito Introduction: ​By definition of the United Nations, a mercenary is any person who is recruited to fight in armed conflict, takes part in hostilities on behalf of an involved party in exchange for compensation, is neither a resident of the territory or a party member involved in the territorial conflict, and is not on official duty or a member of the armed forces of the involved party. Also, a mercenary is any person who is specially recruited at the aim of taking part in an act of violence to overthrow the government or undermine the integrity of the state. Background & History​: ​Mercenaries were first defined in article 47of the Geneva Convention.​ ​In 1989, the United Nations General Assembly passed the International Convention against the Recruitment, Use, Financing, and Training of Mercenaries that prohibited the recruitment, training, and use of mercenaries. The treaty was ratified by 34 countries, but countries with large militaries such as China, France, India, Japan, Russia, the United Kingdom, and the United States have not yet ratified the treaty. Because of the continued use of mercenaries by large actors, in 2005, the United Nations Commission on Human Rights established the Working Group on the Use of Mercenaries to monitor and research all mercenary activities and their manifestations in modern conflict. Critics argue that article 47 is only used to cover the actions of mercenaries in postcolonial and not to properly address the private military companies (PMCs) used by sovereign states. During the Iraq War, the United States showed the international community difficulty in defining a mercenary. The United States argued that a U.S. citizen working as an armed guard could not be considered a mercenary, because they were nationals of an involved party. Those that recognize the United States as party in the conflict insist that U.S. armed guards cannot be considered mercenaries, and therefore, are not breaking any international laws. UNHRC – ​PRIVATE MILITARY AND SECURITY COMPANIES (PMSC) IN ​
MODERN WARFARE – PAGE 2 Current Situation: ​PMCs are a contemporary branch of mercenary forces that carry out logistics, soldiers, military training, and other military services in war zones. PMC firms are civilians authorized to accompany the army of the involved party to the field (civilian contractors). National governments reserve the right to control the logistics of private armies as they argue that firms are employed not for the purpose of serving on the front lines, and therefore, they cannot be considered mercenaries. PMC officers have a reputation for behaving poorly and unprofessionally in the regions that they are contracted in. In 2007, the UN released a report stating that although PMCs were hired as “security guards”, they are still performing military activities that are illegal under international law. The Problem: ​The issue is whether PMC soldiers can be held accountable for their actions in war zones. In 2004, 17 Iraqi citizens were killed by armed security guards from the top U.S. government contractor, Blackwater. Three of the security guards that were involved were convicted 10 years later in a U.S. court. PMCs argue that they play a critical role in combating genocide and civilian slaughter where the UN is unwilling to intervene. The issue again arises, because some of the world’s largest militaries are not signatories under the United Nations Mercenary Convention. Relevant Documents: ​There are a few global documents that pertain to PMSCs. The Montreux Document of September 17th 2008 is the first document of international significance created to help explain the role of international law in the activities of PMSCs. This document is the result of an initiative launched by the country of Switzerland and the International Committee of the Red Cross. In addition to defining the distinctions between the parties involved in this issue, the Montreux Document lists the necessary practices to regulate PMSCs. There are currently 54 countries supporting this document, including the United States of America, Germany, France, and the United Kingdom among others. Bloc Positions: ​The mercenary question is often complex and controversial. It is very difficult to qualify mercenary use as a good or bad due to the philosophical complexities that arise from discussing the topic. Thus, bloc positions for this issue tend to vary greatly and be highly vague. Many nations refrain from choosing a stance on the issue whether it pertains to mercenary use for themselves, or other nations. In addition, many countries express distaste for the use of PMSCs despite employing mercenaries for their own conflicts. Therefore, to accurately portray a nation’s views, one must do research specific to one’s country (see Sources of Further Research). Committee Mission: ​The mission of UNHRC is to ensure that the use of mercenaries is not a means of violating human rights and impediment in the exercise of the rights of people to self­determination in developing countries and regions combating conflict. In addition, the UNHRC stresses the strict adherence to the principle of sovereign equality. Questions to Consider: 1.) How do you define a mercenary in modern warfare? 2.) What are the benefits and detriments of mercenaries to various conflict zones? ​
UNHRC – ​PRIVATE MILITARY AND SECURITY COMPANIES (PMSC) IN MODERN WARFARE – PAGE 3 Sources for Further Research: https://www.globalpolicy.org/pmscs.html http://controlpmsc.org/ http://www.amnestyusa.org/our­work/issues/military­police­and­arms/private­military­an
d­security­companies https://www.icrc.org/eng/resources/documents/faq/pmsc­faq­150908.htm https://www.un.org/ruleoflaw/blog/portfolio­items/switzerland­clarifying­legal­rules­rega
rding­private­military­and­security­companies­pmscs/