Abstract

URUENA-SANCHEZ, Mario Iván. Private Military Security Companies: The new mercenaries?. Rev. Crim. [online]. 2019, vol.61, n.1, pp.97-110. ISSN 1794-3108.

The objective of this study is to compare the concepts of mercenarism and the Private Military Security Companies (abbreviated in Spanish CMSP) to considering the possibility of a potential juridical classification for the PMSCs. A double methodology is implemented to reach this aim. On the one hand, a mercenarism historical representation is developed.The views upon what mercenarism symbolizes are compared in this representation, and how these contradictory representations have permeated the debate on the PMSCs from the academic literature. On the other hand, an analysis is conducted with regard to the conventional, legal and doctrinal instruments of the international law to understanding the juridical dynamics and policies, which affect in great measure the intention of regulating the PMSCs. The conclusión emphasizes in the unproductiveness of developing a conceptual-theoretical debate on mercenarism and the PMSCs, since these two concepts do not have a correct regulatory system.

Keywords : Legal theories; human rights; international human rights law; debate; Private Military Security Companies; mercenarism.

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