Navigating the Murky Waters: An Examination of the Inadequacies of International Humanitarian Law Concerning the Legal Status of Private Military Contractors

Abstract

Around 1991 when the cold war had ended, the world had seen a rise in the number of private military contractors, many of whom were retired or veterans from the Second World War. In the postcold war era, these contractors have taken giant steps by unifying their interests and forming themselves into corporate or organizational outfits that now trade their services on both domestic and international fronts and have become expedient in fighting today’s many armed conflicts because of their unquantifiable level of expertise in combat, risk assessment, operational support, and military intelligence. Nevertheless, however beautifully packaged a private military and security company might be, its actions may not be justifiable under international law because of the ambiguous nature of its legal status. The paper adopts the doctrinal method to research in espousing the current position of law on private military actors, its inadequacies, and proffer recommendations for navigating these murky waters using international law.