A comparative analysis of the domestic regulatory systems aimed at eradicating the practice of mercenarism without criminalising the legitimate private military and security industry.
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Date
2013
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Abstract
There is general consensus that mercenarism is and should remain prohibited. The difficulty
that has arisen is firstly one of defining the exact nature of mercenarism, and more
specifically what actions constitute mercenary actions. A further difficulty arises in that much
of the legislation intended to outlaw mercenarism is impacting on the legal activity of private
military and security contractors, who fall short of the definitional requirements of
mercenarism. The two groups being so closely linked that they are often mistakenly conflated
. There is currently a need to develop a response to the private military security industry,
which is better suited to effectively regulate their activities, whilst also effectively
criminalising the activities of those who actions amount to mercenarism.
The dissertation therefore sets about analysing how these two distinct sectors: mercenaries
and private military security companies, are regulated at an international and domestic level.
It then uses the lessons learnt from these regulator attempts, and the various policy
considerations which countries have to make, to propose a way forward in creating an
effective regulatory system for mercenaries and private military companies at an international
and domestic level.
Description
Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.
Keywords
Mercenary troops (International law), Private military companies (International law), Private security services--Law and legislation., Theses--Public international law.