المرتزقة و موظفو الشركات الأمنية و العسكرية الخاصة : دراسة في القانون الدولي العام

Abstract EN

The privatization of security and Military companies raises many legal problems at international level, to which, International contemporary law stands without provide any solutions.

The absence of a clear legal definition for the concept of mercenary makes security and military companies in a gray area and the current legal arsenal does not give any solution, while international humanitarian law, as the essential branch of public international law, recognized only two concepts: the combatants and non-combatants.

The International Contemporary law reflects the conflict between the West and East, specifically not Africa.

I will exaggerate if I say that the definition contained in existing international conventions serve colonial concepts which still believes that the third world is a back garden back of each of the major states.

What makes the subject difficult is that the majority of countries that have citizens working outside in activities which could be describe as mercenaries, refuses joining the international agreements and that will weakening of the existing legislation.