The United Nations Working Group on the use of mercenaries has issued a recent warning about the increasing utilization of mercenaries and private military and security companies (PMSCs) as proxy actors, a trend observable in both conflict and peacetime scenarios. This development has sparked concerns over the facilitation of violence and potential human rights violations across various regions. In a comprehensive report delivered to the UN General Assembly, the working group highlighted how these proxy actors are taking on significant roles in military operations, including drone operations and direct participation in hostilities. This evolution is driven by shifting dynamics in both international and regional conflicts, with implications reaching into military coups and transnational organized crime, such as mineral and drug trafficking. Learn more in the original report.
During times of peace, these entities reportedly conduct cyber operations, including hacking and espionage, and interfere with electoral processes. Allegations have surfaced regarding the mistreatment during their operations, with reports of torture and sexual violence against civilians. Such actions likely violate both international human rights and humanitarian law, exacerbating harm against civilian populations. These behaviors contribute to a growing perception of these actors as “ruthless,” damaging nation-states’ sovereignty and stability.
Currently, international law lacks a clear definition for “proxies,” yet the report characterizes these actors as individuals or entities acting on behalf of states or non-state actors. They operate through mechanisms like direct delegation, orchestration, and sanctioning. While the UN Charter’s Article 2(4) obliges member states to respect the territorial integrity and political independence of others, the involvement of proxy actors complicates states’ adherence to these principles.
The Declaration on Principles of International Law emphasizes that states must avoid organizing irregular forces, a concern echoed by UN experts who urge compliance with the Guiding Principles on Business and Human Rights to mitigate human rights abuses. States are also encouraged to join the International Convention against the Recruitment, Use, Financing, and Training of Mercenaries, prompting a more united global front.
Regional entities, such as the Organization of American States and the Association of Southeast Asian Nations, are called upon to formulate regulations to monitor these actors, supporting due diligence efforts particularly within mining and agribusiness sectors. Notably, the proliferation of PMSCs, exemplified by Russia’s Wagner Group, illustrates the challenge of regulating the thousands of such entities thriving globally. Recent reports by Human Rights Watch denouncing summary executions by Russian mercenaries and Malian forces further underscore the urgency of addressing the issue.
Continued discourse and regulatory efforts are imperative as powerful stakeholders are called upon to enhance oversight and accountability in managing the complex ecosystem of proxy actors, ensuring adherence to international law and protection of human rights. As the landscape of conflict evolves, so too must the frameworks designed to mitigate these emerging threats. This ongoing issue requires sustained collaborative international efforts to address the underlying challenges. Additional context about mercenary activity can be found here.