Making the private military companies liable for violations of international humanitarian law in conflicts through state actors.

Abstract

The privatization of war has created a room for new international actors called as private military companies to actively participate in different armed conflicts around the globe. They offer various services like combat services, logistical, operational, intelligence, border patrolling, provide security guards and vice versa for monetary purposes. Therefore, during an armed conflict the employees of these business entities violate rules of international law and particularly of international humanitarian law. Likewise, PMCs are often complicit in grave breaches of IHL and rules of war as they do not adhere to the prescribed rules of war during an armed conflict. Hence, there is a concept of individual criminal liability to punish personnel of these corporations but the international legal regime or IL is unable to draw the liability of PMCs under IHL and specifically the concept of criminal corporate liability is left unaddressed. The aim of this research study is to introduce the concept of criminal corporate liability at state level to hold liable these transnational corporations for their violations of international humanitarian law and Human Rights. Further, this research study will lead us to comprehend other different laws about private military companies like national, regional or international and at the same time role of these companies will be discussed.