By Hannah Tonkin

The prior 20 years have witnessed the swift proliferation of personal army and protection businesses (PMSCs) in armed conflicts around the globe, with PMSCs partaking in, for instance, offensive wrestle, prisoner interrogation and the availability of recommendation and coaching. The huge outsourcing of army and defense actions has challenged traditional conceptions of the nation because the basic holder of coercive energy and raised issues concerning the relief in country keep watch over over using violence. Hannah Tonkin seriously analyses the foreign duties on 3 key states – the hiring country, the house kingdom and the host kingdom of a PMSC – and identifies the situations within which PMSC misconduct can provide upward push to country accountability. This research will facilitate the evaluation of country accountability in instances of PMSC misconduct and set criteria to steer states in constructing their family legislation and regulations on inner most safeguard.

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21 Material changes arose from the pressures of population growth, which required territorial expansion and organisational and technological changes in military institutions. 22 Ideational changes arose from Enlightenment ideas which motivated military and constitutional reformers to advocate 18 Mockler, The New Mercenaries, 8. 19 Percy, Mercenaries: The History of a Norm, ch. 3. 20 Avant, ‘From Mercenaries to Citizen Armies: Explaining Change in the Practice of War’ (2000) 54(1) International Organization 41, 41.

This typology is central to the legal analysis in subsequent chapters because the scope of states’ international obligations to control a PMSC in armed conflict depends primarily on the services provided by that company in a particular case. 1 Twentieth-century paradigms of interstate warfare between standing national armies reflect this model of the state as the primary holder of coercive power. Even as states privatised many core public services during the latter half of the twentieth century, the military continued to be regarded as qualitatively different and thus remained one of the last bastions of government monopoly.

25 Avant also highlights the importance of domestic politics and path dependency in accounting for the fact that different countries shifted towards citizen armies at different times: see Avant, ‘From Mercenaries to Citizen Armies’, 67. Percy argues that mercenaries were considered inherently objectionable because they fought for financial gain rather than for a cause: see Percy, Mercenaries: The History of a Norm, chs. 4–5. 12 the private security industry uncovered citizen army was the clear model for international warfare.

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