... forces’ personnel are members of the armed forces of a party to the conflict [
5
]. If a state failed to notify of including militarized and police groups into its armed forces, they shall not be considered combatants. This requirement may apply to PMSC personnel taking part in an armed conflict.
International law also recognizes as combatants persons “who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves
… if they respect the laws and customs of war” [
...
... suits and khakis?
A basic starting point of the debate over the privatization of military force has been the question of whether private military and security companies (PMSCs) and their personnel should be classified as mercenaries. The proponents of PMSCs argue that, on the basis of existing international law, these companies and their personnel cannot be legally equated to mercenaries, given their corporate structure, range of services and legitimate clients. On the other hand, the UN General Assembly has traditionally opposed the use of ...
... into any military chain of command. Due to these characteristics, PMSC personnel have often been described as mere mercenaries, an accusation that the companies themselves vehemently deny; understandably so, since mercenarism is illegal under existing international law. Some observers have supported the view that PMSCs and their personnel should not be classified as mercenaries in virtue of their corporate nature and the variety of services they provide to their clients, who have been anything from governments and multinational firms to NGOs and even the United ...
