The rapid advancement of technology is increasingly transforming how mercenary and private military activities are conducted, posing new challenges to accountability and oversight. The UN Working Group on the use of mercenaries highlighted this issue during the 63rd session of the UN Human Rights Council, pointing to the emergence of “technology-enabled mercenarism.” This phenomenon, as reported in JURIST, underscores the difficulties in attributing responsibility for human rights abuses linked to mercenary activities due to these technological advances.
Private actors now have access to sophisticated military capabilities that were once the remit of states, including surveillance, intelligence gathering, and cyber operations. These services, available for profit to state and non-state clients, can also include operations like social media manipulation and the creation of deepfakes. Such tools not only enhance the operational reach of private military and security companies but also facilitate recruitment into armed activities.
A critical issue arises from what the Working Group terms a “responsibility gap.” Complex supply chains, often involving multiple actors across different jurisdictions, make it challenging to identify who bears legal responsibility for particular operations. This challenge is compounded by the use of opaque corporate structures, encrypted communications, and technologies like commercial spyware that can hide the actors involved.
The difficulty of determining accountability is further exacerbated by proprietary AI systems, which can be black boxes shielded from external investigation. Such scenarios create significant obstacles to enforcing international law, as even though existing frameworks such as international human rights and humanitarian laws are still applicable, their effective implementation is hindered by the pace of technological change.
The UN Working Group has called for strengthened oversight and improved transparency across the technology supply chain. Enhancing human rights safeguards and ensuring states maintain control over military systems, particularly those involved in the use of force, were also emphasized. These measures aim to close the accountability gap and provide effective remedies for individuals affected by technology-driven military operations, as elaborated in UN News.