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Quasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submissionezdimirovic Ranito is a postdoctoral fellow at University of Porto, Portugal.2Christopher Mayer is an independent consultant for the U.S. national security and is on the advisory council of the International Stability Operations Association.1IntroductionAfter several years of brutal civil war in an jezdimirovic-ranito-mayer-submissionAfrican country, marked by human rights abuses and varying degrees of international sanctions, the introduction of well-organized mercenary forces seejezdimirovic-ranito-mayer-submission
med to tip the balance - or at least spurred the international community under the United Nations to take action. A peace agreement was reached; the tQuasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submissione problem is that it is not. It describes several situations that have plagued Africa since de-colonization.The scenario directly applies to Sierra Leone in 1995, referring to the government's contract with Executive Outcomes (Pelton, 2006; Spicer, 1999). The scenario repeated itself in 1998. with t jezdimirovic-ranito-mayer-submissionhat government's contract with Sandline International (Spicer, 1999). After the demise of both of these organizations, many academics and diplomats bejezdimirovic-ranito-mayer-submission
lieved that such entities were no longer a concern and, instead, focused on a different form of armed contractor, now offering military support servicQuasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submissionn. Aegis in Iraq and the more notorious Blackwater, owned by Erik Prince (Pelton, 2006).But then, in January 2020, the scenario was repeated in Libya, calling out the Russian quasi-mercenary organization Wagner (United Nations Meetings Coverage and Press Releases, 2020). This time, it is unlikely th jezdimirovic-ranito-mayer-submissionat they will leave. Clearly, the issue of combat provider or quasi- mercenary organizations is not a thing of the past and initiatives designed to addjezdimirovic-ranito-mayer-submission
ress legitimate private military and security companies, such as the Montreux Document and the International Code of Conduct (ICoC), may not be adequaQuasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submissiond an article which described his perception of trends in 21 SI century warfare (Kofman, 2016). In his view, he saw a permanent state of conflict where separate notions of peace and war would no longer apply. The era of purely military solutions was past, giving way to “whole of government" warfare, jezdimirovic-ranito-mayer-submissionfusing and exploiting the2capabilities of both hard and soft power. Although his view was primarily based on what he observed from U.S. engagement injezdimirovic-ranito-mayer-submission
the post-Cold War world, this notion of "hybrid warfare" is most often applied to Moscow's reliance on proxies, disinformation, and measures short of Quasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submissionsia is the ubiquity of contractors on the battlefield. Although almost unheard of during the Cold War era, they are now essential combat enablers of Western military forces, developing States, and -- for Russian engagement in Syria and Africa - direct fire combat (Sukhankin. 2019). This development jezdimirovic-ranito-mayer-submissiondrove practical concerns within military forces about employment and control of these contractors and political concerns over an apparent privatizatiojezdimirovic-ranito-mayer-submission
n of war (Mayer, 2008). At the lower end of the operational spectrum, those practical and political concerns were validated through reported incidentsQuasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submissiontrafficking, human trafficking, and unprovoked use of lethal force, including the shooting of 17 civilians by the U.S. PMSC Blackwater at Nisour Square. Baghdad. Iraq in September, 2007 (DeWinter-Schmitt, 2013, p.27).By 2015, extraordinary political measures responding to these concerns produced not jezdimirovic-ranito-mayer-submissioneworthy successes in regulations and had a measurable impact on the performance of PMSCs domiciled in or contracted by Western governments. With apparjezdimirovic-ranito-mayer-submission
ent success, political interest began to wane. Although the number of PMSCs voluntarily adopting the new' international standards continues to increasQuasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submissiongement in PMSCs waned, the activity of Russian affiliated armed groups gained notoriety. In 2014, the Russian annexation of Crimea and subsequent fighting in Eastern Ukraine included activity of armed groups that were not officially part of the Russian armed forces yet were clearly operating on beha jezdimirovic-ranito-mayer-submissionlf of Russian interests (Sukhankin, 2018). Later, these groups became active outside of the Ukrainian conflict, beginning with Syria. These organizatijezdimirovic-ranito-mayer-submission
ons provide3services that are sometimes analogous to Western PMSCs, including advice for military forces and personal protection for individuals and cQuasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submissionnternational (Browne, 2019). Russian sponsored combat provider entities have fought or are currently fighting in Chechnya, Ukraine, Syria. Central African Republic. Libya, Sudan, and Yemen (Marten. 2019). Because their activities do not have official authorization, the Russian Government can deny re jezdimirovic-ranito-mayer-submissionsponsibility for the activities of these organizations (Spearin, 2018). Only recently has President Putin admitted that they exist (Borshchevskaya, 20jezdimirovic-ranito-mayer-submission
19). They operate outside of, and sometimes with deliberate disregard to the recently established norms for PMSCs (Sukhankin. 2019). This disassociatiQuasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submission & Bukkvoll. 2018).In addition to these dangers, public reaction to the activity of Russian actors may threaten the progress made since 2008 in promoting the regularization, accountability, and legitimacy of contractors employed by both Western governments and the private sector. The regulation of P jezdimirovic-ranito-mayer-submissionMSCs by contracting States has been addressed by scholars throughout the last decade. From the standpoint of national regulation, the most recent examjezdimirovic-ranito-mayer-submission
ination by Jezdimirovic Ranito (2019) described the U.S. national regulatory process, encompassing various aspects and dynamics between the stakeholdeQuasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submissioneveral scholars. Krahmann (2016) advocated that the principal-agent theory is suitable to address the drives and limitations of better oversight and accountability of contractors. Diphoom (2016) used security assemblages to explore the relationship between private security contractors and public age jezdimirovic-ranito-mayer-submissionnts.The Russian use of similar entities follow a different model. There is a growing and more refined analysis of the evolution of Russia’s use of nonjezdimirovic-ranito-mayer-submission
-governmental combat providers in conflict settings, from both legal and strategic perspectives (Marten, 2019: Spearin, 2018: Sukhankin, 2018). Most oQuasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submissionearin, 2019). Only recently has the academic community seriously addressed this topic, exploring the political dynamics in the proliferation of these organizations and the fundamental differences between the Russian model and Western PMSCs (Borshchevskaya. 2019; Rondeaux. 2019).Despite differences i jezdimirovic-ranito-mayer-submissionn regulation, accountability, and oversight, media reports and official Russian statements regularly equate Russian organizations with Western contracjezdimirovic-ranito-mayer-submission
tors (Peter. 2018; Tekingunduz, 2018). Public statements in the media and by some government officials promote a concept of moral equivalency between Quasi-Mercenary Organizations: challenges of definition, politics and international lawJovana Jezdimirovic RanitO! and Christopher T. Mayera1Jovana Je jezdimirovic-ranito-mayer-submission undermine the legitimacy of properly regulated PMSCs, limiting access to responsible and accountable military support and security services, while doing nothing to counter the proliferation of Russian and other quasi-mercenary organizationss.This paper advocates securitization of the regulation of jezdimirovic-ranito-mayer-submissionnon-governmental combat providers. Governments, working with civil society and other private sector stakeholders, must identify and expose the hazardsjezdimirovic-ranito-mayer-submission
these actors present to both International Humanitarian Law and Human Rights Law. to identify appropriate controls to manage risk, and to take appropGọi ngay
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