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CAROLLANN BRAUM
CYIL 5 ȍ2014Ȏ
Key words:
Irregular armed forces, Private military contractors, Paramilitaries,
Mercenaries, Ukraine, Aggression, Disarmament, demobilization, reintegration (DDR),
International law.
On the Author:
Carollann Braum is an attorney from the United States. She earned
a Juris Doctor (JD) with honors and a certificate in Health Law from Oklahoma City
University School of Law. She subsequently attended and graduated with honors
from the University of Notre Dame Law School with a Legum Magister (LLM)
in International Human Rights Law. Her practice experience is in Immigration,
International Human Rights, and Civil Rights Law. Prior to practicing law in Denver,
Colorado, she worked with a research organization developing comprehensive practices
to combat human trafficking in the United States, with a focus on organized criminal
enterprises. She is currently a PhD student at Charles University, studying International
Criminal Law, and lives in Prague with her family. In addition to her studies, Carollann
runs the Legal and Business English Institute, where she focuses on teaching technical
legal and business terminology and language to lawyers and business professionals.
1. Introduction
In any conflict, be it an international armed conflict, internal armed conflict or
violence that doesn’t amount to either, there are rules of international law that apply,
either as international humanitarian law, human rights law, or international criminal
law. However, in order to determine the liability for any violations of international
law, it must be clear which types of actors are involved in the conflict. Traditional
members of the armed forces will carry different levels of accountability and protection
than non-traditional fighters, such as mercenaries, paramilitaries and private security
contractors. The focus of this article, therefore, will be on the nature of the actors in
conflict and what responsibility and accountability they may have under international
law. This will also lead to a discussion on whether the use of various types of actors
may be evidence that acts of aggression could have occurred, followed by an analysis
of the need to disarm, demobilize and reintegrate and fighters in the conflict. The
ongoing crisis in Ukraine during 2014, including the alleged claims of the presence
of various non-traditional armed forces, will serve as the basis for this discussion. The
primary aim of this article is to highlight the various international law issues raised by
the use of private military contractors, paramilitaries and mercenaries, possibly sent
by another State, during a conflict.
As the crisis in Ukraine continues to mount, the complexity of the conflict remains
great and the exact identity of some of the actors seem to be a subject of speculation
and uncertainty.
1
Undoubtedly, there is the Kiev-controlled military, which appears to
be under shaky control, as well as pro-Russian separatists, as they have been commonly
labeled in the media, who are citizens of Ukraine largely fighting for independence
1
Shaun Walker, “Tensions mount as Ukraine prepares to elect new president,” May 24, 2014,
available at
http://www.theguardian.com/world/2014/may/24/tensions-mount-ukraine-prepares-elect-new-president.