Private military and security companies (PMSC) have been involved in grave human rights violations that have attracted international attention and debate over the legitimacy of PMSCs, the norms under which they should operate, and how to monitor their activities. These companies pose a real problem to human rights, to the foundations of the democratic modern state, and to the rule of law[1].
The widespread outsourcing of military and security functions has been a major phenomenon in recent years[2].The new industry that has developed is transnational in nature and has grown very rapidly with the conflicts in Afghanistan and Iraq.
Following the fall of the Berlin Wall in 1989 and the collapse of the U.S.S.R., military and security functions, previously considered inherently state functions, have been increasingly contracted out to the private sector. This important change with regard to the monopoly on the legitimate use of force[3] has been primarily implemented in western countries in the context of the anarchical globalization of the world economy. The private military and security industry has taken advantage of the reduction of national armies and the globalization of the economy to find a profitable niche and grow it into a powerful global phenomenon estimated at over $100 billion yearly[4].It has benefitted from the insecurity and fear that followed the terrorist attacks of the early 2000s and within the context of countering terrorism reinvigorated by “the global war on terror”.
The availability of experienced security and military personnel for hire has enabled governments, intergovernmental and nongovernmental organizations to circumvent political constraints on the use of force[5]. PMSCs operate in zones of low-intensity armed conflict such as Afghanistan– and post conflict environments-such as Iraq and Colombia. These companies also provide services for extractive industries and multinational corporations operating in unstable environments[6].
The new export security industry expanded primarily, though not exclusively, in Western Europe and North America. The growth has been particularly pronounced in the United States and United Kingdom, where 70 percent of the companies of this new security industry are registered[7]. Parallel to this privatization of warfare, there has also been increased demand for private security at the international level and for protection of property at the domestic level in states all over the world. In many countries, the number of private security personnel is greater than the number of active state police[8].
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