The regulation of mercenary and private security-related activities under South African law compared to other legislations and conventions
Date
2008-12
Authors
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Journal ISSN
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Publisher
Stellenbosch : Stellenbosch University
Abstract
Private Military and Security Companies (PMSCs) have become increasingly
important actors since the end of the Cold War. They provide a wide range of services
and are therefore difficult to classify. Many view them as new front companies for
mercenaries, which this thesis argues is not the case.
Few states have put in place legislation to deal with the problems caused by
these companies, and they are therefore generally not accountable to states. This is
problematic because their services are within an area where states have traditionally
had monopoly. This thesis studies the new South African legislation, the Prohibition
of Mercenary Activities and Regulation of Certain Activities in Country of Armed
Conflict Act of 2006, which was put in place in order to ban mercenaries and regulate
the services offered by the private military and security companies based in the
country. By comparing it to the older South African legislation, the thesis evaluates
the extent to which the new legislation has been able to close loopholes inherent in the
old legislation.
The new South African legislation is also compared to the international
conventions which bans mercenaries. By banning these actors, South Africa is very
much in line with the international community when it designed the conventions.
However, PNSCs are not mercenaries.
The thesis then compares the new South African legislation to the domestic
regulation in place in the United States of America. It finds that despite having many
of the same weaknesses as the South African legislation, it is more likely that the
American regulation will be abided by than the South African. This is due to the
positive relationship between the US government and American PMSCs, and the fact
that the government is a major client of the companies. South Africa does not enjoy
the same positive relationship with its companies.
Finally, the new South African legislation is compared to the UK Green Paper
of 2002, which presented options of how to deal with the companies. The ban on
mercenaries put in place by the new South African legislation was discouraged in the
Green Paper. The licensing regime (as in the USA) that was proposed by the Green
Paper, however, is similar to the authorisation scheme established in South Africa.
Description
Thesis (MA (Political Science))--Stellenbosch University, 2008.
Keywords
Private and military security companies, South African legislation, Comparison between South African and United States regulations, Theses -- Political science, Dissertations -- Political science