The legal status of private military and security companies in international humanitarian law
DOI:
https://doi.org/10.58916/alhaq.vi.266Keywords:
military companies , privatization of security , armed conflicts , serious violations , criminal liabilityAbstract
With the spread of the phenomenon of privatization of war and security companies have become one of the most prominent features of the new international system , especially with the recent expansion of their activity and the reliance of countries on them and the services of their employees , the large presence of these companies in areas witnessing international or non-international armed conflicts , it leads to contact with persons protected by international humanitarian law , they and their employees are thus exposed to violating and breaching the rules that protect them , and thus to liability for those violations that they may commit or order to by committed .
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Taiba Jawad Muhammad Mukhtar - Legal Regulation of Private Security Companies - A Study in Public International Law, 1st ed., Ghermin Legal and Literary Publications, Beirut 2018.
Faisal Iyad Faraj Allah, State Responsibility for Violations of Private International Military and Security Companies in Light of International Humanitarian Law, 1st ed., Al-Halabi Legal Publications, Beirut / Lebanon 2013.
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Nimer Muhammad Al-Shahwan, The Problem of Mercenaries in Armed Conflicts, Master's Thesis in Public Law, Middle East University, Jordan 2012
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Amna Amhamdi Bouzina, Application of International Humanitarian Law to Private Military and Security Companies, Journal of Legal and Political Sciences, Volume 11, Issue (Second), 2020.
Khaled Khalif, Private Military Companies as a Version of Mercenaries, Ab’ad Magazine, University of Oran / Algeria, Issue 7, 2008 AD
Khadija Arsan, Private Security Companies in Light of International Humanitarian Law, Damascus University Journal of Economic and Legal Sciences, Volume 28, Issue (First). 2012 AD
Riyahi Taher, The Crisis of Adapting the Legal Status of Private Military Companies in International Law, Academy of Social and Human Studies, Issue 18, 2007 AD
Khamili Sahra, Criminal Responsibility for Mercenary Activities According to the Law of Armed Conflict, Communication in Economics and Law, Issue 51, 2017 AD
Taleb Yassin, Private Military and Security Companies and Their Role as an Influential Actor in International Relations, Annals of Algeria - Issue 34, Part Four. 2018 AD
Abbas Walid, Military and Security Companies and Their Responsibility for Violations of the Rules of Public International Law, Annals of Algeria, Volume 34, Issue (Third), 2020 AD.
Ali Hamza Al-Khafaji, Legal Regulation of Criminal Liability of Private Security Companies, Journal of the University of Babylon, Volume 22, 2014 AD.
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Farida Hamoum, Tahrawi Abdel Aziz, The Role of Private Military and Security Companies in Internal African Conflicts, Academic Journal of Legal and Political Research Volume 4, Issue (First), 2020 AD.
Lukal Maryam, Privatization of War and International Law from Mercenaries to Private Military and Security Companies, Journal of Comparative Legal Studies, Volume 7, Issue (First), 2021 AD.
Mustafa Al-Sayed Ahmed Abu Al-Khair, Legal Dimensions of Private Military and Security Companies, Journal of International Relations, Issue 4, 2011.
Maher Jamil Abu Khawat, Legal Status of Mercenaries and Employees of Private Military and Security Companies During Armed Conflicts, Journal of Sharia and Law Studies, Volume 39, Issue (First), 2012.
Fourth: International Agreements and Documents:
International Convention against the Recruitment, Use, Financing and Training of Mercenaries, 2009. (Entered into force 2001)
Montreux Document, on International Legal Obligations and Good Practices of States Relevant to the Operations of Private Military and Security Companies During Armed Conflict, 2008.
Additional Protocol I to the Four Geneva Conventions of 1949.
Organization of African Unity Convention on the Elimination of Mercenarism in Africa, entered into force 1977.
United Nations Document No. (A / 43 / 44)
Fifth: Reports and Resolutions:
.1 Report of the Working Group on the Use of Mercenaries. Dated 7/20/2017 Document No. A/HRC 47/36/
Sixth: Articles and publications on websites.
. https://nabd.com/s/134527310-b296f1/1. American Amintium in Libya - American Training and Support
Badr Shafei, Private Security Companies - Causes, Functions and Consequences, Al-Araby Al-Jadeed, 2014 Article published on https://www.alaraby.co.uk Link:
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