جستجوی مقالات مرتبط با کلیدواژه "شرکت های نظامی یا امنیتی خصوصی" در نشریات گروه "علوم سیاسی"

International relations has been witnessing of many Non –governmental players in the arena under the name of the Private Military and Security Companies (PMCs) in the recent decades. Their ever increasing growth and participation in Internal and international armed conflict have caused many problems. One of the most important of these problems is the determination of responsibility for unlawful activities of the PMSCs and ascertaining of the responsible state in this regards. The States have been divided into three groups; the state who employ the PMSCs, the state whom the PMSCs are national of it and the state which they play role in its territory. Now the problem is which state shall be responsible for unlawful activities of the PMSCs. This essay is going to ascertain due responsible for such acts based on valid International documents and regulations. Fortunately, there are two main internationally recognized documents; the Draft Articles on the Responsibility of States for Internationally Wrongful Acts ("Draft Articles") by the International Law Commission (ILC) in August 2001 and the Montreux Document which has been used by the author.

Producing security has long constituted a most important function, and perhaps the raison detre for the establishing of state which itself constituted the exclusive actor in the security domain. Today, however, the private military-security companies have transformed into the major actors in the security domain by engaging in conflicts, and playing various security roles alongside the state. As the demand for the activity of these companies has increased, not only they are increasing in number, but also the scope of their activities has expanded by adopting new roles and functions, so that today one might speak of a defense and security marketplace which includes two parts, namely those who supply and those who demand. Using a descriptiveexplanatory research method, the present research plans to address this question: “Why has the role and position of the private military-security companies been increased in security?” The findings of the research indicate that globalization in political, economic and military dimensions contributes to the growth and deepening of insecurity in differing dimensions, the emergence of modern threats, and finally the redefinition of states, which have enabled the private military-security companies to play a wide and active role in security.

The increasing growth of private military and security firms and their presence and activities in armed conflicts scene has led to many problems especially in regard to the status of these firms and their personnel and the humanitarian laws and their responsibilities in case of breach of humanitarian laws and regulations. For determining the status of these firms and their personnel, one has to identify each case on its own and take into consideration the criteria of humanitarian international law. Whether they are considered as military personnel or the fall in the category of civilians? In regard the subject of responsibility, in case these firms breach the humanitarian rules, they will be responsible for their performances. But it also should be taken into consideration that besides these firms, the countries that are related to them and the personnel are their citizens and make use of their services and the country which these firms are active and working in their territories will also be responsible in regard to their operations.

The expansion of recruitment and presence of Private military and security companies as emerging private factors in armed conflicts and crimes committed by these individuals have given rise to increasing concern about the challenges arising from this. What will be the necessity, is to establish responsibility of states connected to violator Private military and security companies based on the draft plan the responsibility of states and other rules of international law and explanation and transparent-building of the states’ international obligations, especially protecting and ensuring humanitarian international law during the time of carrying out operations and providing other forms of military and security services by Private military and security companies in order to further limitation of breaches and violation the rules of humanitarian international law