Private military and security companies (PMSCs) are expanding like wildfire across the world, diversifying clients and operations. They offer services ranging from protection and training to direct participation in hostilities, arms dealing, and humanitarian evacuations. Their impact on human rights—particularly on civilians, women, children, and migrants—as well as on the environment, has been widely reported as devastating. In some cases, their actions have even fallen within definitions of international crimes, such as in the Abu Ghraib case. Despite their growing influence, only two non-legally binding documents of an international nature have addressed the regulation of PMSCs: the Montreux Document (2008) and the International Code of Conduct (ICoC) (2010). This month, states will convene again under the auspices of the United Nations to discuss the Revised Fourth Draft of the proposed international legal regulation of PMSCs, a process fundamental for international peace and security at a time when militarization is a central topic in public debates.
Arms Control
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Anti-personnel landmines in Ukraine: A worrying escalation
On Wednesday, November 20, 2024, the United States announced its decision to supply anti-personnel landmines to Ukraine. Zelenskyy thanked the US for its decision and called these landmines essential for stopping Russian assaults, clearly indicating the intention to use these anti-personnel mines during the conflict. However, while the announcement was met with approval from Ukrainian officials,…
A Hands-Off Approach to International Law: The Frankfurt Administrative Court’s Stance on Arms Exports to Israel
Introduction: Facts and Background of the Case On 15 July 2024, five individuals from Palestine applied for interim legal relief before the Administrative Court Frankfurt against the Federal Republic of Germany. They challenged arms export approvals by the German Government to Israel and claimed that these endangered their bodily integrity and life. The applicants argued that…
A quest for transparency in arms exports: The Berlin administrative court’s stance on exports of arms to Israel
In May 2024, a German Berlin-based NGO, the European Center for Constitutional and Human Rights (ECCHR), the Gazan based Palestinian Center for Human Rights (PCHR) and the Al Mezan Center for Human Rights, as well as the Ramallah-based Palestinian human rights organization Al Haq and five Palestinian individuals from Gaza brought a case against the German government…
Common Article 1 Does Prohibit Complicity in IHL Violations, Through Arms Transfers or Otherwise
Last week, over on Articles of War, I read with great interest a post on Common Article 1 (CA1) of the Geneva Conventions by my good friends Mike Schmitt and Sean Watts. Their post, building on their prior work, argues that CA1 should not be understood as having any external dimension. It…
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