Privatisation of Security: The legal Status and Responsibilities of Private Military Companies in European Missions

The rise of Private Military Companies (PMCs) and Private Security Companies (PSCs) in military or civilian missions stands as an important change in the dynamics of the security and defence world, as they change how operations can be conducted, especially for armed forces. Dating back to the Middle Ages with mercenaries, they have taken different forms throughout history. Nowadays, they deliver a large span of services (from indirect support in logistics or military counselling to taking part directly in combat). This paper will present their blurred status in law and their duties in missions led by European Member States, taking a look at the existing legislation and tools to hold them responsible for their actions.

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Anticipating Private Military and Security Companies in Armed Conflict

Since the end of the Cold War, the amount of private military and security companies (PMSCs) involved in armed conflicts has increased rapidly. In armed conflicts, the PMSCs carry out tasks that used to be performed by governmentally armed forces. These include non-coercive as well as coercive activities, ranging from military training and intelligence analysis to offensive combat and interrogation of prisoners (Tonkin, 2012, 1). Meanwhile, it remains unclear to what extent PMSCs increase the severity of armed conflicts (Lees and Petersohn, 2021, 1). It is clear, however, that the activities of PMSCs in armed conflicts impact European land forces and their objectives. In Libya, for instance, Russia has backed the Libyan National Army (LNA) with PMSC forces, among other things. Allegedly, Russian leaders hoped this could help them gain control over oil reserves in Libya, on which several European countries depend. Besides, Libya is located strategically on NATO’s southern flank (Cragin and MacKenzie, 2020). This is just one example of a country where foreign PMSCs and European armed forces are involved in a conflict. The question is how European land forces can anticipate the presence of foreign PMSCs in armed conflicts in Africa, Eastern Europe, and the Middle East. Therefore, this article will focus on the operational rather than the legal and ethical aspects of the activities of PMSCs in armed conflict.

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