Legal status of private military companies in asymmetric conflicts: case analysis from the Sahel 2012–2023

Private military companies (PMCs) have become indispensable actors in contemporary asymmetric conflicts, particularly in the Sahel region where they have experienced significant expansion over the past decade. This paper analyzes the legal status of private military company employees in the context of international humanitarian law (IHL) and international human rights law (IHRL), with particular emphasis on conflict situations in Mali, Burkina Faso, and the Central African Republic in the period from 2012 to 2023. Applying the method of legal dogmatics, comparative analysis, and case studies, the paper examines the applicability of existing legal frameworks, including the Geneva Conventions, Additional Protocol I, the 1989 UN Convention against Mercenaries, and the 2008 Montreux Document, to the activities of PMCs in asymmetric conflicts. Research findings indicate significant gaps in the international legal regime regulating PMCs, particularly regarding the qualification of the status of their employees as civilians, combatants, or mercenaries, which has far-reaching implications for issues of accountability and punishability. The case analysis of the Wagner Group in Mali demonstrates how the absence of a clear legal framework enables impunity for serious violations of international humanitarian law. The paper concludes that a thorough reform of the existing legal regime is needed, including the development of a legally binding international instrument that would explicitly address the specificities of PMC activities in contemporary asymmetric conflicts.