作为战争遗产的私营军事和安保公司:从前南斯拉夫汲取的教训

IF 2.3 Q3 BUSINESS Business and Human Rights Journal Pub Date : 2024-02-19 DOI:10.1017/bhj.2024.3
Jelena Aparac
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引用次数: 0

摘要

前南斯拉夫的战争造就了许多训练有素、经验丰富的战斗人员,其中一些人不仅从事各种有组织犯罪活动,如自然资源非法贸易、贩运和腐败,而且还犯有战争罪。在战后环境中,各种犯罪集团利用冲突后的过渡条件,将自己转变为合法的法律实体。由于未能对参与犯罪活动的人员进行调查并追究其责任,这意味着复员士兵转而投靠利润丰厚、合法组建的私营军事和安保公司(PMSCs)。再加上安全部门改革设计不当,往往无法加强尊重人权的有效和负责任的安全。近年来,许多前战斗人员和犯罪团伙在全球各地类似地转变为合法的私营军事和安保公司,引起了人们对这些公司在不同领域日益增多的活动的新关注。本文以前南斯拉夫为例,强调由于当前预防武装冲突的进程不协调,全球范围内私营军事和安保服务提供商的产生所带来的一些日益普遍的问题。文章反思了避免明智制裁和使用其他外交政策工具的必要性,同时呼吁对可持续和平所必需的安全部门改革和过渡时期司法采取综合方法。
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Private Military and Security Companies as a Legacy of War: Lessons Learned From the Former Yugoslavia
The war in the former Yugoslavia produced many highly trained and experienced combatants, some of whom engaged not only in a variety of organized criminal activities such as the illicit trade of natural resources, trafficking and corruption, but also war crimes. In the post-war environment various criminal groups took advantage of post-conflict transition conditions which enabled them to be transformed into legitimate legal entities. The failure to investigate and hold to account those involved in criminal activity meant that demobilized soldiers turned to highly profitable, legally constituted private military and security companies (PMSCs). This is coupled with poorly designed security sector reforms that often fail to enhance effective and accountable security that is respectful of human rights. In recent years, similar transformations of many former combatants and criminal groups into legitimate PMSCs around the globe have raised new concerns about their growing activities across different sectors. This article uses the former Yugoslavia as an example from which to highlight some of the increasingly common problems posed by the creation of private military and security providers globally, as a result of the current uncoordinated processes to prevent armed conflicts. The article reflects on the need to avoid smart sanctions and use other foreign policy tools, while calling for an integrated approach to security sector reform and transitional justice that is necessary for sustainable peace.
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来源期刊
CiteScore
3.30
自引率
13.60%
发文量
41
期刊介绍: The Business and Human Rights Journal (BHRJ) provides an authoritative platform for scholarly debate on all issues concerning the intersection of business and human rights in an open, critical and interdisciplinary manner. It seeks to advance the academic discussion on business and human rights as well as promote concern for human rights in business practice. BHRJ strives for the broadest possible scope, authorship and readership. Its scope encompasses interface of any type of business enterprise with human rights, environmental rights, labour rights and the collective rights of vulnerable groups. The Editors welcome theoretical, empirical and policy / reform-oriented perspectives and encourage submissions from academics and practitioners in all global regions and all relevant disciplines. A dialogue beyond academia is fostered as peer-reviewed articles are published alongside shorter ‘Developments in the Field’ items that include policy, legal and regulatory developments, as well as case studies and insight pieces.
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