Private Military Companies (PMCs) are private business concerns that provide military and/or

security services, irrespective of how they describe themselves. Since the end of the Cold War,
their demand has increased to the extent that there is now a major PMCs industry offering a
wider range of services. This shift raises issues in International Humanitarian Law (IHL) which
regulates armed conflicts and protects victims which is primarily codified in the four Geneva
Conventions of 1949 and their Additional Protocols of 1977.
The status of the personnel of PMSCs in an armed conflict is determined by international
humanitarian law, on a case-by-case basis, according to the nature and circumstances of the
functions in which they are involved. Unless they are incorporated in the armed forces of a State
or have combat functions for an organized armed group belonging to a party to the conflict, the
staff of PMSCs are civilians and are therefore protected by IHL.
Several international initiatives have been undertaken with a view of clarifying, reaffirming or
developing international legal standards regulating the activities of PMSCs and ensuring their
compliance with standards of conduct reflected in IHL and human rights law.
States cannot absolve themselves of their obligations under international humanitarian law
through contracting PMSCs. They remain responsible for ensuring that the relevant standards are
met and that the law is respected. Where the staff of the PMSCs commit violations of
international humanitarian law, the State that has hired them may be responsible if the violations
can be attributed to it as a matter of international law, especially if the PMSC acts under
instructions or control of the State authorities.
States in whose territory PMSCs are incorporated or operate have a responsibility to respect and
ensure respect for International Humanitarian Law, including by the staff of PMSCs. This could
be by establishing a licensing/regulatory system. States could make the issue of licences subject
to the PMSCs meeting certain criteria, like training their staff in IHL, adopting standard
operating procedures/rules of engagement that respect IHL and appropriate disciplinary
measures.
Such a regulatory system should be complemented by a functioning system for bringing to
justice those accused of having committed violations of international humanitarian law.

IHL alone cannot rid the world of the phenomenon of war; its capacity to stop the development
of PMCs is weak as well. IHL can only serve as a tool to monitor armed conflicts and make them
a little less inhumane for fighters on all sides and the civilian population.
Currently legal developments regarding PMCs have been designed for example the obligations
of contracting states, countries of origin, host states and all other states regarding PMCs were
reaffirmed in the Montreux Document, ratified in September 2008 as an initiative of Switzerland
and the International Committee of the Red Cross. Through this, all signatories pledged to
respect some 70 recommendations for good state practices, verifying PMCs track records and
ensuring their personal training. These rules, born of compromise, remain general and only partly
address the above-mentioned issues.