Private Military and Security Company Employees: Are They the Mercenaries of the Twenty-first Century?

Abstract

This paper investigates whether and in which cases private military and security company employees can be considered mercenaries under international law, in the light of recent practice and academic debate. Firstly, it focuses on the definitions of ‘mercenary’ laid down in international treaties and explores whether they reflect customary international law. Secondly, this paper reviews the various conditions listed in the afore-mentioned definitions and tries to find out whether and to what degree private military and security company personnel meet them. It argues that none of the said definitions has achieved the status of customary international law and demonstrates that only a very limited number of employees fall within them.