Private Security and Military Companies: between Security and Damage to Legal-Criminal Rights

Abstract

This article analyzes the connection between corporate crime, human rights and based security issues with an analytical descriptive methodology. In this way, to clearly present this relationship, the article gathers detailed criminal behaviors performed within private security and military companies (EMSP, for the Spanish original), since these are non-state actors that commonly serve in countries with conflicts or weak States, as well as in advanced societies in first world countries. Moreover, these companies are a reflection of contracting States’ geopolitical intentions  when they provide services to regions in conflict. If these companies work ethically and legally, they can contribute to States’ security. On the other hand, if their actions are based on flawed management solely aimed at obtaining benefits, they can damage legal-criminal rights and human rights. This is concerning from the perspective of liability, since there is a great regulatory and jurisdictional weakness when it comes to attributing national and international liability to these companies, which creates impunity.