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A new expert report has raised alarm about the growing threat posed by mercenaries and private military and security companies (PMSCs) in current armed conflicts, jeopardizing state sovereignty and global human rights. This document, prepared by the UN Working Group on the use of mercenaries, highlights how these actors have evolved to operate within complex corporate structures that allow them to evade responsibilities and exploit legal loopholes in their operations.
The report underscores various threats that these entities pose. One of the most concerning aspects is the challenge to state sovereignty. The hiring of private forces by governments or non-state actors can undermine the legitimate monopoly on violence, weakening democratic accountability and avoiding public scrutiny over casualties in conflicts.
It also documents serious human rights violations, including extrajudicial executions, torture, and enforced disappearances, which frequently occur in operations carried out by mercenaries and the companies that hire them. The transnational nature of these activities, along with the opacity of their operational modalities, complicates the possibility of bringing those responsible to justice.
Another alarming aspect of the report is the widespread impunity that arises from an inadequate international legal framework to regulate and oversee the activities of these companies. Confusing jurisdictions, secret contracts, and complicated subcontracting chains create what has been termed a “responsibility gap,” which many actors exploit without facing consequences.
Furthermore, the report points out the emergence of new business models that present additional concerns. PMSCs not only provide security services, but also engage in intelligence, cyber warfare, and political influence, often allying with corrupt elites to alter the course of conflicts.
In light of this situation, the UN Working Group urgently calls on member states to strengthen the international legal framework. It suggests the creation of a legally binding instrument to regulate the activities of PMSCs, as well as the implementation of universal jurisdiction to investigate and prosecute crimes committed by mercenaries. Additionally, it urges a rigorous analysis before authorizing contracts with these companies.
Finally, the report emphasizes the importance of investigating all allegations of violations and ensuring that victims have access to the justice and reparations they deserve.
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