134
views
0
recommends
+1 Recommend
1 collections
    0
    shares
      • Record: found
      • Abstract: found
      • Article: found
      Is Open Access

      South African private security contractors active in armed conflicts: citizenship, prosecution and the right to work

      research-article

      Read this article at

      Bookmark
          There is no author summary for this article yet. Authors can add summaries to their articles on ScienceOpen to make them more accessible to a non-specialist audience.

          Abstract

          South Africa has adopted two pieces of legislation since 1998 aimed at restricting one of the fastest growing sectors of the global economy: the private security industry. Not only is this legislation completely unique, but it appears wholly at odds with international opinion. In this article we place private security contractors (PSCs) under the microscope of international law, exploring the role they play in armed conflicts, and the status afforded them by international humanitarian law (IHL). We address the issue of prohibited mercenarism, questioning whether PSCs should be categorised as mercenaries. We then shift our focus to the South African legislation and discuss the ambit of its application as compared with international law obligations to outlaw mercenaries. We discuss the likelihood of successful prosecution of PSCs, and the potential penalties that PSCs might face in terms of the South African legislation. Lastly we consider the constitutional challenges which might emerge as this legislation, and a proposed amendment to the South African Citizenship Act threaten the constitutionally protected rights of South African PSCs to practise a profession and enjoy citizenship.

          Related collections

          Most cited references41

          • Record: found
          • Abstract: not found
          • Book: not found

          Corporate Warriors: The Rise of the Privatized Milirary Industry

            Bookmark
            • Record: found
            • Abstract: not found
            • Article: not found

            Business goes to war: private military/security companies and international humanitarian law

              Bookmark
              • Record: found
              • Abstract: found
              • Article: not found

              Private military companies: their status under international humanitarian law and its impact on their regulation

              States are increasingly hiring private military companies to act in zones where armed conflicts are occurring. The predominant feeling in the international community is that it would be best to regulate such companies. Cognizant of much confusion as to the status of the employees of private military companies under international humanitarian law, this article explains the laws on mercenaries, combatants and civilians and explores how private military companies' employees may fall into any of those categories. It demonstrates that the concept of mercenarism is unhelpful for regulating these companies and that it is unlikely that many of the employees of these companies can be considered to have combatant status. The article considers possible consequences of private military companies' employees having the status of civilians under international humanitarian law and their potential impact on regulating these companies effectively.
                Bookmark

                Author and article information

                Contributors
                Role: ND
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                Publication of North-West University (Potchefstroom Campus) (Potchefstroom )
                1727-3781
                2011
                : 14
                : 7
                : 70-125
                Affiliations
                [1 ] Inyuvesi YaKwaZulu-Natali South Africa
                [2 ] Inyuvesi YaKwaZulu-Natali South Africa
                Article
                S1727-37812011000700004
                0383013d-18f7-48ef-a759-104d1e0fa56e

                http://creativecommons.org/licenses/by/4.0/

                History
                Product

                SciELO South Africa

                Self URI (journal page): http://www.scielo.org.za/scielo.php?script=sci_serial&pid=1727-3781&lng=en
                Categories
                Law

                General law
                International humanitarian law,private security contractors,mercenaries,South Africa's anti-mercenary legislation,citizenship

                Comments

                Comment on this article