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近年美国等发达国家的军事外包促使私营军事安保公司蓬勃发展,在伊拉克战争中私营军事安保公司作为承包商取得了巨额的合同,费卢杰事件又使黑水公司作为私营军事安保公司的代表被推上了舆论的风口浪尖。私营军事安保公司及其雇员很难符合国际人道法关于雇佣军的规定,其到底是战斗员还是平民影响着其在武装冲突中的法律地位。《蒙特勒文件》是国际社会试图规制私营军事安保公司的结果,但其不具有强制力。对私营军事安保公司的规制依然任重道远。
In recent years, the military outsourcing of the developed countries such as the United States led to the vigorous development of private military security companies. Private warar security companies in the Iraq war made huge contracts as contractors. The Fallujah incident in turn caused the Blackwater Company to be the representative of the private military security company. On the cusp of public opinion. It is difficult for PMSCs and their employees to comply with the provisions of international humanitarian law on mercenaries, whether they are combatants or civilians, which affects their legal status in armed conflicts. The Montreux Document is the result of the international community’s attempt to regulate private military security companies, but it does not have the force. The regulation of private military security companies is still a long way to go.