Playing Catch-up: Proposing the Creation of Status-Based Regulations to Bring Private Military Contractor Firms Within the Purview of International and Domestic Law

Authors

Huma T. Yasin

Abstract

Part I of this Article analyzes the shortcomings of both international and domestic law regulating PCMF conduct through examining the Nisour Square massacre aftermath. Part II analyzes current international and domestic law to determine whether PCMFs fit within an existing legal framework. In particular, Part II engages a brief historical analysis of the law of mercenarism, both drawing parallels and distinguishing between the legal definition of mercenaries and PCMFs. Part III examines the convergence of three novel legal developments. Part IV provides a framework to categorize PCMFs, which exhibit both military and corporate characteristics. Part V discusses contemporary legal scholarship and analyzes recommendations to solve the PCMF accountability gap. Lastly, Part VI presents an alternative legal framework, concisely defining the status of PCMFs and delineating domestic and international mechanisms of liability and protection.

Recommended Citation

Huma T. Yasin, Playing Catch-up: Proposing the Creation of Status-Based Regulations to Bring Private Military Contractor Firms Within the Purview of International and Domestic Law, 25 Emory Int'l L. Rev. 411 (2011).
Available at: https://scholarlycommons.law.emory.edu/eilr/vol25/iss1/10