Privatization of the war on drugs in Mexico and Colombia : limiting the application of humanitarian law and endangering human rights

Abstract

The use of Private Military and Security Companies (PMSCs) in the so-called War on Drugs has considerable implications for the application of international humanitarian law and raises concern about the respect for human rights under anti drug assistance programs. This article will focus, in particular, on the ways in which the lack of state control over PMSC activities poses a major challenge for human rights protections in the short-term—by restricting the application of human rights law—as well as in the long-term—by further undermining state capacity and weakening the rule of law. Using the cases of Colombia and Mexico, this article will illustrate how PMSCs tend to add another dimension of complexity to complicated situations where the application of the rule of law is already uneven, increasing the risk of human rights violations and impunity.