CfP: The Business of Security: New Frontiers and Old Challenges in PMSC Regulation

Introduction

It is widely acknowledged that, without regulation, Private Military and Security Companies (PMSCs) can contribute to violations of international law and benefit from impunity. Both corporate actors and States increasingly rely on PMSCs to secure their operations in high-risk areas—whether through direct contracts, in-house security arrangements, or outsourcing military and law enforcement functions. Numerous UN reports have documented a rising number of human rights abuses and violations linked to these entities, some so severe that they constitute crimes under international law, such as war crimes, crimes against humanity, torture, and enforced disappearances. As PMSCs continued to be employed for various security roles, States’ responsibility to regulate these actors and ensure accountability remains critical.

Given the evolving nature of PMSC operations and their expanding roles in contemporary security landscapes, this symposium aims to critically examine the regulatory frameworks governing these entities. Specifically, it will explore the adequacy of existing and proposed regulatory instruments in addressing new and emerging trends in PMSCs activities.

Symposium Theme and Objectives

The symposium is sponsored by TRIAL International, the International Commission of Jurists, REDRESS and Global Survivors Fund.

It will focus on the regulatory frameworks governing PMSCs and assess whether current draft instruments (including the international regulatory framework to protect human rights and ensure accountability for violations and abuses relating to the activities of PMSCs – under elaboration by the open-ended Inter Governmental Working Group — OEIGWG) are adequately designed to anticipate and address emerging challenges in PMSCs operations. The discussion will center on:

1. Regulatory Mechanisms – Examining existing international, regional, and national regulatory frameworks governing PMSCs and evaluating their effectiveness in ensuring compliance with international law.

2. Emerging Trends in PMSCs Operations – Analyzing new areas where PMSCs are increasingly active, including:

• Cybersecurity – The involvement of PMSCs in cyber operations and the regulatory challenges they pose.
• Maritime Security – The expanding role of PMSCs in counter-piracy operations and securing maritime trade routes.
• Detention of Migrants – The use of PMSCs in managing detention facilities for migrants and asylum seekers.
• Predatory Practices in Recruitment – The use of recruitment strategies exploiting vulnerable populations.
• Natural Resources – The role of PMSCs in securing and managing natural resource extraction sites.
• Arms Transfers and Proliferation – The involvement of PMSCs in weapons procurement and transfer, and its implications under arms control mechanisms.
• Environmental Harm – The potential impact of PMSC activities on the environment, including damage to ecosystems and the responsibility for remediation.

Key Questions for Discussion

• How effective are current regulatory frameworks in addressing emerging trends in PMSC operations?
• To what extent does the existing OEIGWG draft instrument on PMSCs reflect the evolving nature of their activities?
• What gaps exist in international law concerning the oversight and accountability of PMSCs?
• To what extent do the OEIGWG draft legally binding instrument on business and human rights and the OEIGWG draft instrument on PMSCs, as currently drafted, complement one another in addressing these gaps?
• What role should States, international organizations, and civil society play in strengthening the regulation of PMSCs?
• How can victims of PMSC-related abuses obtain access to justice and redress?

Call for Contributions

We invite contributions from legal scholars, practitioners, policymakers, and experts in international law, human rights, and security studies to engage with these critical issues. The symposium will be published during the week of July 7.

Submission Guidelines

Final submissions should be sent no later than June 20. Submissions must be original and unpublished elsewhere.

Posts should be between 1,500-2,000 words and formatted in Opinio Juris’s house style. In particular, posts should use hyperlinks instead of footnotes. Please include a 1-2 sentence author bio with your submission, as well as a photo (if you want to use one).

For further inquiries or to submit a proposal, please contact Chiara Gabriele at c.gabriele@trialinternational.org.