Judicial Jurisdiction Study On Human Rights Violations Committed By Employees Of PMC Overseas

Mercenaries are a very old profession,belonging to the earliest private military entities.For most of human history,mercenaries have existed wherever wars and armed conflicts existed.Nation after emergence and popularization,mercenaries gradually withdrew from the historical stage,until the middle of the 20 th century colonial struggle for national independence movement in the resurgence,then the international community through long-term efforts on international law expressly prohibit the recruitment and use of mercenaries,but mercenaries did not disappear completely,but according to the development of The Times,began its own evolution,from past an individual or a loose group private military companies to develop organizational structure.Although it has been around since the 1940 s,it was not until the wars in Afghanistan and Iraq in the early 2000 s that new private military and security services such as PMCS attracted intense international attention.Since its emergence and development,private military industry has played a key role in global armed conflicts.However,since the international humanitarian law does not clearly stipulate the legal status of the employees of private military companies,the activities of the employees of private military companies have existed for a long time in the blind area of international law,especially the supervision of the international humanitarian law,so their rights and obligations in the international humanitarian law are not clear.The killing of 16 innocent civilians in Baghdad in September 2007 by American security firm blackwater shocked the international community.Employees of private military companies are repeatedly declared "civilian contractors" by the government,and some scholars even claim that they are operating in a "legal vacuum".However,their involvement in armed conflicts,implementation of armed conflicts and possible human rights violations escape the sanctions of the humanitarian law under the cover of civilian status.The international community's demand to regulate the activities of employees of private military companies is increasingly strong,and the legal status of employees of private military companies in international law,especially in international humanitarian law,needs to be clarified.And how to exercise jurisdiction and accountability when human rights violations are committed by employees of private military companies remains an urgent issue.Due to the acceleration of globalization and the expansion of PMCS,the improvement of accountability mechanism is extremely urgent.This paper discusses the basis and dilemma of jurisdiction from two aspects of domestic jurisdiction and international jurisdiction,trying to find out the problem of the phenomenon that employees of private military companies are hard to be held accountable,and hoping to make some Suggestions for the improvement of jurisdiction in the future.