Institutional responsibility for private military and security contractors

Abstract

This paper analyses issues of legal responsibility arising from the discernible trend among international organizations, including regional organizations, to use the services of Private Military and Security Contractors (PMSCs). It has been argued that suitably controlled and regulated use of PMSCs by the EU and other organizations would bring significant benefits, not only cost-savings but a removal of the organization’s dependence on voluntary and possibly poorly equipped contributions from member states. While identifying the benefits to organizations that the greater use of PMSCs would bring, the paper recognizes that the use of PMSCs raises important concerns about human rights abuse and accountability. While wrongful actions of regular troops are attributable to governments, the test for private contractors is whether the government was in effective control of the conduct in question. The paper considers whether the effective control test is the most appropriate one for private contractors working directly for organizations or for troop contributing nations involved in institutionally mandated peace operations.