The use of Private Military Companies (PMCs) has become an increasingly common feature of contemporary armed conflict. Because of their autonomous contractual status, PMCs have presented governments with problems of accountability on several levels, including violations of international human rights and humanitarian law (IHL) standards. This thesis argues that PMCs should be considered to be non-state actors (NSAs), subject to international law from both an International Relations Theory and a Legal Theory perspective. This conclusion is linked to the issue of whether individual PMC employees can be treated as legitimate combatants according to IHL. State practice has not led to a clear understanding of the definition of combatant, a problem which has been compounded by a lack of government policy on the use of PMCs. Using Canadian experience as a case study, the thesis concludes that IHL suggests two options for regularizing the status of PMCs which would both strengthen accountability and uphold the rule of law.

The use of Private Military Companies (PMCs) has become an increasingly common feature of contemporary armed conflict. Because of their autonomous contractual status, PMCs have presented governments with problems of accountability on several levels, including violations of international human rights and humanitarian law (IHL) standards. This thesis argues that PMCs should be considered to be non-state actors (NSAs), subject to international law from both an International Relations Theory and a Legal Theory perspective. This conclusion is linked to the issue of whether individual PMC employees can be treated as legitimate combatants according to IHL. State practice has not led to a clear understanding of the definition of combatant, a problem which has been compounded by a lack of government policy on the use of PMCs. Using Canadian experience as a case study, the thesis concludes that IHL suggests two options for regularizing the status of PMCs which would both strengthen accountability and uphold the rule of law.

The use of Private Military Companies (PMCs) has become an increasingly common feature of contemporary armed conflict. Because of their autonomous contractual status, PMCs have presented governments with problems of accountability on several levels, including violations of international human rights and humanitarian law (IHL) standards. This thesis argues that PMCs should be considered to be non-state actors (NSAs), subject to international law from both an International Relations Theory and a Legal Theory perspective. This conclusion is linked to the issue of whether individual PMC employees can be treated as legitimate combatants according to IHL. State practice has not led to a clear understanding of the definition of combatant, a problem which has been compounded by a lack of government policy on the use of PMCs. Using Canadian experience as a case study, the thesis concludes that IHL suggests two options for regularizing the status of PMCs which would both strengthen accountability and uphold the rule of law.

Submitted by ANA KARLA PEREIRA RODRIGUES (anakarla_@hotmail.com) on 2017-09-29T13:49:28Z No. of bitstreams: 1 arquivototal.pdf: 1490911 bytes, checksum: 8dfe7fdde29c102ab866fdfcd65627d0 (MD5) / Made available in DSpace on 2017-09-29T13:49:28Z (GMT). No. of bitstreams: 1 arquivototal.pdf: 1490911 bytes, checksum: 8dfe7fdde29c102ab866fdfcd65627d0 (MD5) Previous issue date: 2016-05-02 / Hiring private armies or private security forces for a specific action, in favor of governments, corporations or civil society organizations – as opposed to the public formalities of war declaration between States with broad national goals –, generated one of the most relevant contemporary global markets. Yugoslavia, Colombia, Somalia, Nigeria, Ukraine, Iraq and the Levant: every insecure stage, after the end of the Cold War, counted on private military and security companies (PMSCs) for supporting roles or for staying at the backstage. Considering this innovative commercial aspect of today’s conflicts, this work counts on such non-State actors as protagonists, and its theme is the regulation of PMSCs. The problem that the dissertation examines is the insertion of the International Code of Conduct for Private Security Service Providers (ICoC) – launched in 2010, as part of the Swiss Initiative – in the multilevel governance of such a market, based especially on the works of Ernst-Ulrich Petersmann and Gunther Teubner on constitutionalism beyond the State. Through documental research and inductive methods, the text points out the main issues on the market for force and discusses the inapplicability or insufficiency of treaties that discipline trade, such as GATS, or conflict, such as the Geneva Conventions; besides, it sheds light on the current debate about a binding instrument at the United Nations and explains soft law initiatives, like the Montreux Document. Finally, it reads the ICoC and examines its advantages and limitations, with reference to reviewed literature. The research, therefore, aims at presenting the possibilities of regulating actors in need of hard law, based on theoretical contributions that reclaim the “constitutionalization of markets”. Keywords: Privatization of international security. Multilevel regulation. / A contratação de exércitos privados ou de forças de segurança para uma atuação pontual e específica, em favor de Governos, de corporações ou de entidades da sociedade civil – em oposição às públicas formalidades da declaração de guerra entre Estados com propósitos nacionais amplos –, gestou um dos mais relevantes mercados globais contemporâneos. Iugoslávia, Colômbia, Somália, Nigéria, Ucrânia, Iraque e Levante: todos os palcos de insegurança, após o fim da Guerra Fria, contaram com empresas militares privadas ou empresas de segurança internacional (ESIs) nos bastidores ou como coadjuvantes. Considerando essa inovadora faceta comercial dos conflitos hodiernos, o presente trabalho tem esses atores não-estatais como protagonistas, e seu tema é a regulação de ESIs. A dissertação problematiza a inserção do Código Internacional de Conduta Para Provedores de Serviços de Segurança Privada (ICoC) – lançado, em 2010, no contexto da Iniciativa Suíça – na governança multinível desse mercado, baseando-se especialmente nos trabalhos de Ernst-Ulrich Petersmann e Gunther Teubner sobre constitucionalismo além do Estado. Com pesquisa documental e com método indutivo, o texto aponta os principais problemas do mercado da força e discute a inaplicabilidade ou a insuficiência dos tratados que disciplinam o comércio, como o GATS, ou o conflito, como as Convenções de Genebra; explica, ainda, a situação atual do debate de um instrumento vinculante na ONU e as iniciativas de “soft law”, como o Documento de Montreux. Enfim, apresenta uma leitura do ICoC e examina seus trunfos e limitações, fazendo referência à literatura revisada. A pesquisa, afinal, visa a discutir as possibilidades de regulação de atores que carecem de “hard law”, a partir de aportes teóricos que reclamam a “constitucionalização de mercados”.

The use of Private Military Companies (PMCs) has become an increasingly common feature of contemporary armed conflict. Because of their autonomous contractual status, PMCs have presented governments with problems of accountability on several levels, including violations of international human rights and humanitarian law (IHL) standards. This thesis argues that PMCs should be considered to be non-state actors (NSAs), subject to international law from both an International Relations Theory and a Legal Theory perspective. This conclusion is linked to the issue of whether individual PMC employees can be treated as legitimate combatants according to IHL. State practice has not led to a clear understanding of the definition of combatant, a problem which has been compounded by a lack of government policy on the use of PMCs. Using Canadian experience as a case study, the thesis concludes that IHL suggests two options for regularizing the status of PMCs which would both strengthen accountability and uphold the rule of law.

[pt] O presente trabalho busca analisar a situação regulatória das empresas pri-vadas militares, as PMSCs na sigla em inglês, em sua atuação em conflitos inter-nacionais. O debate sobre as PMSCs ronda em primeiro lugar sobre a diferencia-ção entre essas entidades e mercenários, que são considerados ilegais. Com isso a primeira parte da pesquisa aborda a situação legal das PMSCs e a as diferenças entre elas e o mercenarismo tradicional, concluindo que essas empresas não se encontram em uma zona cinzenta do sistema legal. Em seguida são analisados os sistemas regulatórios que essas empresas estão sujeitas e propostas para coibir violações dos Direitos Humanos em suas operações. São destacados os sistemas de autorregulação e de regulação internacional, que se desdobra de regimes inter-nacionais para o mercenarismo. Tendo em vista o desenvolvimento do mercado para as PMSCs o trabalho propõe uma certificação de direitos humanos no âmbito da autorregulação como a resposta mais adequada para lidar com o dinamismo na indústria atual. / [en] The present work seeks to analyze the regulatory system of private military and security companies, the PMSCs, for their actions in international conflicts. The debate on the PMSCs first deals with the distinction between these entities and mercenaries, which are considered illegal. Thus the first part of the research deals with the legal situation of the PMSCs and the differences between them and traditional mercenaries, concluding that these companies are not in a gray zone of International law. The following are analyzed the regulatory systems that these companies are subject to and proposals to curb human rights violations in their operations. The system of self-regulation is compared to international regime regulations, which are deployed from international regimes for mercenaries. From analyzing the development of the market for PMSCs the work proposes a certification based in human rights to be integrated in self-regulation as the most adequate response to deal with the dynamism in the current industry.

Made available in DSpace on 2016-04-29T13:48:38Z (GMT). No. of bitstreams: 1 Tomaz Oliveira Paoliello.pdf: 1540683 bytes, checksum: 283bc319d3885231736edd7e0a174897 (MD5) Previous issue date: 2016-02-29 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / Private military and security companies (PMSC) is a new actor that has attracted great attention in the debates within the International Relations discipline. Through the study of a particular north-american company, DynCorp, we seek to investigate the nature of these actors in the great process of globalization. The literature on PMSC usually presents the idea that the emergence of such players has occurred through spontaneous supply and demand forces. The hypothesis that assist this idea is that the states are moving away from the new wars. Here this hypothesis is challenged and replaced by another. The State, particularly the US, has adapted its engagement in capacity in conflicts by engaging the PMSC, and stimulating the growth of a private security market. DynCorp is part of this movement. We investigate the relationship of co-constitution, in which companies and state are organized to develop the new "market for force", and the birth of PMSC as actors of a hybrid nature, associated with the transformation of the neoliberal state. The study of DynCorp unfolds in three dimensions: its corporate face, as a transnational company associated with market principles; a fighting face, as one of the new actors on the stage of contemporary conflicts; and as a constituent part of a foreign policy apparatus, associated with their only customer, the United States government / As empresas militares e de segurança privada (PMSC) são um novo ator que tem despertado grande atenção nos debates dentro da disciplina Relações Internacionais. Através do estudo de uma companhia especificamente, a norteamericana DynCorp, procuramos investigar qual a natureza desse ator dentro do grande processo de globalização. A literatura sobre as PMSC geralmente apresenta a ideia de que o aparecimento de tais atores tenha ocorrido através de forças de oferta e demanda espontâneas e circunstanciais. A hipótese auxiliar dessa ideia, que os Estados estejam se afastando das novas guerras, é aqui desafiada e substituída por outra. O Estado, particularmente os EUA, se adaptou em sua capacidade de engajamento em conflitos através da contratação das PMSC, e estimulou o crescimento de um mercado de segurança privada. A empresa Dyncorp faz parte desse movimento. Investigaremos a relação de co-constituição, na qual empresas e Estado se articulam para desenvolver o novo mercado da força , e o nascimento das PMSC como atores de natureza híbrida, associados às transformações do Estado neoliberal. O estudo da DynCorp se desdobra em três dimensões: sua face empresarial, como companhia transnacional associada às lógicas de mercado; uma face combatente, um dos novos atores nos palcos de conflitos contemporâneos; e como parte constituinte de um aparato de política externa, associado a seu cliente único, o governo dos Estados Unidos

Private military companies have rapidly filled in many operational force capacities that national militaries now longer have the capabilities to fill natively. As such, PMCs have expanded their rosters as well as their services provided to fill in many roles, and have carried out many such roles such as logistics management, personal and site security, and some inherently state functions such as training indigenous security forces and interrogation of prisoners. This rise has impacted national militaries in many facets of their operations and abstract professional bases. The ability of the PMC to carry out operations at the same standard as regular soldiers but with higher pay has impacted how the regular soldier views their own place in the professional national military, and creates problems for the establishment as a whole. This thesis will discuss the Iraq War as a case study and the impact of PMCs on the war, as well as introduce the Huntingtonian theories of soldier professionalism and corporateness, and will also employ a critical Marxist perspective to analyse the role and impact of PMCs in the modern military convention and in civil-military relations.

A subject of this diploma thesis is a role of private military companies (PMCs) in security sector reform (SSR) in Iraq in a period from 2003 to 2011. The first chapter of the thesis focuses on goals and process of post-conflict SSR from a theoretical point of view because of an involvement of PMCs in post-conflict reconstruction which was taking place in Iraq. Part of the theoretical chapter is a SSR and steps which is the SSR process composed of. The second chapter concentrates on definitions and typologies of PMCs. This part of the thesis makes a distinction between mercenaries and private military contractors and PMCs themselves. Last but not least the second chapter encompasses discussion about a role of PMCs in a process of SSR in post-conflict countries. The third chapter is dedicated to a historical development of cooperation between PMCs and the US; it analyses roots of the US dependence on services provided by PMCs. A case study of Iraq elaborates on a role of PMCs in a process of Iraqi security reform. Aim of this chapter is to define advantages and disadvantages of usage of services provided by PMCs. By taking into account disadvantages employment of PMCs represents, steps that could help to avoid those in the future are suggested.

yes / The 1990s witnessed a change in the way wars were fought as the amount of available weaponry increased and the types of actors engaged in warfare multiplied. The opening up of the international arms trade, in particular with new buyers and more channels of supply, has raised concerns about who purchases weapons and for what use. Afeature of this changing nature of conflict has been the continuing, if not growing, presence of mercenaries and the emergence of private companies contracted to provide military and security services. These range from logistical support and training to advice and procurement of arms and on-the-ground intervention. This briefing highlights how the activities of mercenaries and private military and security companies can contribute to small arms proliferation and misuse and examines steps the international community can take at the UN Small Arms Conference and elsewhere to effectively combat mercenarism and regulate the activities of private military and security companies. The role played by these companies relates not only to provisions contained in the contracts they sign with their clients to provide large amounts of weaponry, but also how the military and security services and training that they provide contributes to the demand for weapons in the regions where they operate. There are a number of ways in which mercenaries and private military and security companies are involved in small arms proliferation. These include: l Arms brokering and transportation activities l Violations of UN arms embargoes l Impact on human rights and humanitarian law l Driving demand for small arms Various measures already exist to ban the activities of mercenaries and regulate some of the activities of private military and security companies either through national legislation or international agreements. However, there is concern these efforts are neither comprehensive nor accepted widely enough to effectively control the activities of mercenaries and private military and security companies.