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Outsourcing military and security services to the private sector is an emerging trend under international law. The shift to using private military and security companies (PMSCS) in countries such as Iraq and Afghanistan has brought attention to the role that these companies may play in fulfilling functions that are normally monopolised by States or international organisations. The reliance of the UN on PMSCS has increased considerably in recent years, leading to the question of the legality of their use in various UN operations. This paper focuses on two main aspects of the UN's use of such companies; (i) The engagement of PMSCS in peacekeeping operations, either when hired by the UN directly or when hired by a State and subsequently seconded to the UN; and (ii) The participation of PMSCS in peace enforcement measures adopted by the UN Security Council according to Chapter VII of the UN Charter. This paper argues that the use of PMSCS in peacekeeping operations is lawful under international law, while their use in peace enforcement operations is not. [ABSTRACT FROM AUTHOR]

In 2012, the United Nations approved new Guidelines on the Use of Armed Private Security Companies by its agencies, funds and programmes. The Guidelines hold the potential to not only enhance the quality of armed security services contracted by the UN, but also raise professional standards within the military and security industry more generally by serving as a model for other consumers and companies. Nevertheless, a close reading of the Guidelines indicates that there is still room for improvements. Drawing on best practices identified by industry associations, major clients and academic research, this article makes six recommendations for revision. Specifically, the article contends that expanding the scope, content and enforcement of the Guidelines would contribute to strengthening the control over private security contractors. [ABSTRACT FROM AUTHOR]

The UN is increasingly relying on private military and security companies (pm s c s ) for a wide range of services. Until recently, UN use of PMSCS was not governed by systemwide rules and standards. The establishment of guidelines on the use of armed private security in late 2012 has led to greater accountability and transparency around this practice. The guidelines clarify the decision-making process and the criteria for the selection and hiring of companies providing armed security. However, they are overly reliant on self-regulation by PMSCS and remain limited, raising questions about their capacity to avoid companies with objectionable records and prevent potential incidents. Moreover, the guidelines raise concerns that the use of PMSCS by the UN may become normalised, with yet unexamined effects on the organisation's security policies and its image. [ABSTRACT FROM AUTHOR]

This article explores the role of private security and military companies within the wider confinements of peace operations governance. To do so, the paper looks at the roles that PMSCS play within two different us peace support initiatives as well as within UN peace operations. Using theory lenses derived from the governance literature, the article finds that private military and security companies are already established actors within what it calls 'the peace operations network'. By training forces, by building or reforming institutions, by supplying security and advisory services, or by being technological experts, private providers of military and security services carry out key tasks in the planning and implementation of peace operations. In the process, the paper argues, they ultimately exercise authority, make decisions and establish practices that often lay the foundations for the future management of security of local populations. [ABSTRACT FROM AUTHOR]

The purpose of the present analysis is to investigate whether the law of collective security could play a normative function in the determination of which services may or may not be outsourced in the context of UN peacekeeping operations. The key question is whether PMSCS should only perform those activities instrumental to the life of the UN, or should also cover those functions that are a direct expression of the competences attributed to it for the maintenance of international peace and security. The point is made that since peacekeeping is aimed at preserving fundamental values of the international community, peace and increasingly human rights, PMSCS might play a part in it, but only in a secondary way. [ABSTRACT FROM AUTHOR]

The work of private military and security contractors is extremely controversial from the point of view of international law and of practice. Sometimes there are doubts as to whether some of their activities should be considered legal activities or illegal mercenarism. Like any other entities using force, they can violate human rights as well as international humanitarian law. They provide their services to, amongst others, states and intergovernmental organisations, including the UN. This requires a precise definition of the rules under which such contractors operate, both with regard to the law of treaties and the domestic law of the entities using their services. A question also arises as to whether there is any legal limit to their services being used by intergovernmental organisations, i.e. entities deriving their competences from the will of their member states. The work of the UN is an interesting example here. The organisation uses such contractors, but on the other hand, it undertakes various activities to eliminate any potential threats in this respect. [ABSTRACT FROM AUTHOR]