PPrivatization of War

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PPrivatization of War

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Spencer Bowlus

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History of the Soldiers of fortune

Term became popularized by Machiavelli Mercenaries have been used since antiquity Wars of Napoleon seen as the divider between mercenary armies and citizen armies

Machiavelli on Mercenaries | Weapons and Warfare

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International law and mercenaries

Two main bodies of International Law Additional Protocol I under international humanitarian law the International Convention against the Recruitment, Use, Financing and Training of Mercenaries and the Organization of African Unity Convention for the Elimination of Mercenarism in Africa.(the Mercenary Conventions)

The 1977 Additional Protocols to Geneva Conventions: A historical perspective | International Committee of the Red Cross

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Legal Definitions of a Mercenary

is specially recruited locally or abroad in order to fight in an armed conflict; does, in fact, take a direct part in the hostilities; is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party; is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict; is not a member of the armed forces of a Party to the conflict; and has not been sent by a State which is not a Party

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Punishment for Mercenaries

the Mercenary Conventions give most of the power of the individual African States, on how they punish mercenaries Under international humanitarian law a mercenary does not benefit from prisoner-of-war status if captured.

International Convention against the Recruitment, Use, Financing and Training of Mercenaries | 'Judicial proceedings in the UAE? Beware of the dangers! Abu Dhabi Judiciary, UAE Judgments For Sale, UAE President, United Arab

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How PMC are viewed

. Governments have attempted to get around these legal hurdles by basically rebranding mercenaries as PMC . Governments have repeatedly asserted that the PMC employees are ‘‘civilian contractors’’ and not active combatants

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When are PMC’s used

Usually In resource rich regions The potential value of the conflict attract PMC’s The inclusion of PMCs often lead to a greater intensity of conflict

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When PMC’s are used Con’t

Africa does not have the necessary public security forces Private security often takes over Leads to a negative cycle

Private security in Africa: time to regulate the bad and harness the good

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Case study Background

Congo war was a proxy war between the USSR and USA Mercenary groups engaged in active combat

Mad Mike' Hoare, Irish Mercenary Leader in Africa, Dies at 100 - The New York Times

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The Rebellion

Several mercenary commands rebelled Taking over several cities in Eastern Congo intermural mercenary rivalry could have played a big part in the rebellion

Map of the Democratic Republic of Congo showing 11 provinces. Provinces... | Download Scientific Diagram

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the Congolese war is a cautionary tail about the use of Private fighting forces Realities of modem war, which often involve anti-insurgency counter measures, favor the use of PMCs

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Lock , P. (n.d.). The Withering Military in Sub-Saharan Africa: New Roles for the Private Security Industry? Africa Spectrum , 33 (2). Avant, D. (n.d.). Lock , P. (n.d.). The Withering Military in Sub-Saharan Africa: New Roles for the Private Security Industry? Africa Spectrum, 33(2). . International Organization , 54 (1). Declassified File. FM SECSTATE WASHDC, TO USMISSION USUN National Intelligence Estimate. Prospects of the Congo. September 27, 1968 Declassified File. FM LEOPOLDVILLE, TO SECSTATE. Oct 28, 1964 Petersohn, U. (2014). The Impact of Mercenaries and Private Military and Security Companies on Civil War Severity between 1946 and 2002. International Interactions . Cameron , L. (n.d.). Private military companies: their status under international humanitarian law and its impact on their regulation. International Review , 88 (863).