La atribución de responsabilidad por violaciones del Derecho internacional humanitario cometidas por Empresas Militares y Seguridad Privada (EMSP) en el contexto de conflictos armados

Abstract

In the context of armed conflicts, the role and influence of private military and securitycompanies (PMSC) is growing very fast. These companies don’t fit suitably to the traditional concept of “mercenary”, but they have some similarities that sometimes canlead to confuse both terms. In the field of responsibility for international wrongful actscommitted by these PMSC, the international legal framework has several binding andnon-binding instruments that confer international responsibility for these wrongful actsto States, and sometimes also to individuals; however, the current legal framework showssome shortcomings that highly recommend the endorsement of an international treatyruling specifically these companies and their responsibilities. In particular, within theUN, the United Nations Human Rights Council urged to establish a working group withthe mandate to consider the possibility of elaborating a legally binding instrument onthe regulation, monitoring and oversight of the activities of PMSC. Nevertheless, despiteWorking Group advancements, it lacks the necessary political will of States to achieve itsapproval.