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To complicate the issue further, one of Ukraine’s richest men, Rinat Akhmetov,
recently sent his own unarmed steelworkers into the midst of the conflict in an
effort to thwart the efforts and advances of pro-Russian separatists and to restore
peace in eastern Ukrainian cities.9 This development may in some ways redefine the
conflict with regard to private military contractors. While the steelworkers are said
to be unarmed, Akhmetov is known to be a “king among men here” and “as the
‘shadow governor’ for his links to local and regional politicians. His businesses also
maintain their own private, well-trained security force of more than 3,000, including
former elite Ukrainian commandos.”10 As such, how exactly to label Akhmetov’s
steelworkers is unclear. Whether he is entering a new, unofficial private military firm
into the conflict or simply providing backing for civilians establishing order is
a difficult question. Regardless of the label, there is belief that Akhemtov has the
ability and power to do what the Ukrainian military cannot: put an end to the pro-
Russian separatist movement, making this an arguably unprecedented instance of a
business outstepping the State as far as military and security prowess is concerned, at
least in recent times.11 Undoubtedly, this may create new wrinkles for international
law regarding accountability and legitimacy of such an entity and its show of force.
Yet, this type of corporate action is not new to history. In the 1800s, the British East
India Company effectively carried out many State-like duties, including maintaining
a force that was similar in many ways to the military. However, this was long before
the rule of international law in its present form.
Considering all of these rumors, the reality is likely that the situation on the ground
is incredibly complicated with an array of fighting forces, largely independent of each
other. It seems as if the conflict “has taken on its own grinding, self-perpetuating
momentum, independent of developments taking place in Kiev, Moscow, or the West.
An array of militia forces on both sides launch attacks almost daily, and within each
respective camp – insurgent and pro-Kiev – the proliferating paramilitary brigades do
not necessarily communicate.”12 If and when there is concrete evidence of corporate
quasi-military activity, through either patrolling steelworkers or private military
contractors, international law, as well as global corporate social responsibility, will
have to evolve if a firmer remedy and solidified regulations are necessary.
With regards to the Russian activities in the Crimean Peninsula, there is no
longer any doubt that Russia effectively controlled the forces that assisted with the
conflict and eventual referendum to secede from Ukraine and join Russia. Since
Russian armed forces were present in Ukraine and active in the conflict, then that
9 Fredrick Kunkle and Anthony Faiola, “Ukraine’s richest man enters dispute in eastern region,”
Washington Post, May 16, 2014, available at
help-keep-uneasy-calm-in-eastern-ukraine/2014/05/16/eea805b6-d4b2-4f8a-96c4-75a8372b13fb_
story.html.
10 Ibid.
11 Ibid.
12 Joshua Jaffa, “The Chaos Engulfing Eastern Ukraine,” The New Yorker, May 23, 2014, available at