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All Journal Publica: Jurnal Pemikiran Administrasi Negara
Andhiya Moza Faris
Universitas Islam Negeri Sunan Gunung Djati Bandung
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Publica: Jurnal Pemikiran Administrasi Negara

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The Existence of Mercenaries and Private Military Companies in Defending the Country from Colonization Andhiya Moza Faris; Nasywa Nur Fathimah
Publica: Jurnal Pemikiran Administrasi Negara Vol 15, No 2 (2023): Pemikiran Administrasi Negara 6
Publisher : Department of Public Administration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/jpan.v15i2.30424

Abstract

This article examines the existence of mercenaries and PMSC in a war with the context of defending the sovereignty of a State from colonialism. There were some conventions that mentioned some regulations about mercenaries. Although the use of mercenaries for offensive actions was prohibited regarding the violation of the principle of chivalry in international humanitarian law, none of them strictly prohibit the existence of mercenaries and PMSC in the context of defensive. This article uses the normative juridical as the research method. The conclusion that can be inferred from the article is that the use of mercenaries, even in the context of defending the sovereignty of a State from colonialism, is not recommended. However, the use of PMSC can be an alternative option for urgent situations based on further consideration of the legal basis, history, and principles of international humanitarian law.
Co-Authors Nasywa Nur Fathimah