Central and Eastern European National Legislation on Private Military and Security Companies — the Need for Adoption of Internationally Binding Instrument

This article deals with central and eastern European national legislation on private military and security companies.Since such companies became important actors and very often active participants, in many international and non‑internationalconflicts, it is an urgent need for more regulations in this sphere of international relations. Existing international law, and especiallyinternational humanitarian law does not define the term private military nor private security company. Consequently, there is noregulation of their participation in armed conflicts. The Author presents a clear point of view that there is a need for adoptionof internationally binding instrument since existing national legislations are neither sufficient nor effective. Additionally, existinggaps in both national and international legal regulations become the reasons of serious human rights violations. Soft lawmechanisms such as International Code of Conduct or Montreux Documents have not helped much in this matter, especially havenot assured adequate reparations for victims. This article analyses national law of such states like Romania, Bulgaria, Hungary,mentions the lack of regulations in Bosnia and Herzegovina and exceptions in European Union secondary regulations. Authorexamines materials of the Human Rights Council and Special Procedures Working Group on the use of mercenaries that provideclear definitions and reasoning in the topic of private military and security companies. Analyses of those documents bring a clearconclusion on the weak points of existing laws and the need why internationally binding instrument such as universally acceptedconvention is necessary.