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South African private security contractors active in armed conflicts: citizenship, prosecution and the right to work

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dc.contributor.author Bosch, S
dc.contributor.author Maritz, M
dc.date.accessioned 2012-09-03T08:26:53Z
dc.date.available 2012-09-03T08:26:53Z
dc.date.issued 2011
dc.identifier.citation Bosch, S. & Maritz, M. 2011. South African private security contractors active in armed conflicts: citizenship, prosecution and the right to work. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 14(7):71-125 [http://www.nwu.ac.za/p-per/index.html] en_US
dc.identifier.issn 1727-3781
dc.identifier.uri http://hdl.handle.net/10394/7192
dc.description.abstract South Africa has adopted two pieces of legislation since 1998 aimed at restricting one of the fastest growing sectors of the global economy: the private security industry. Not only is this legislation completely unique, but it appears wholly at odds with international opinion. In this article we place private security contractors (PSCs) under the microscope of international law, exploring the role they play in armed conflicts, and the status afforded them by international humanitarian law (IHL). We address the issue of prohibited mercenarism, questioning whether PSCs should be categorised as mercenaries. We then shift our focus to the South African legislation and discuss the ambit of its application as compared with international law obligations to outlaw mercenaries. We discuss the likelihood of successful prosecution of PSCs, and the potential penalties that PSCs might face in terms of the South African legislation. Lastly we consider the constitutional challenges which might emerge as this legislation, and a proposed amendment to the South African Citizenship Act threaten the constitutionally protected rights of South African PSCs to practise a profession and enjoy citizenship. en_US
dc.language.iso en en_US
dc.subject International humanitarian law en_US
dc.subject Private security contractors en_US
dc.subject Mercenaries en_US
dc.subject South Africa's anti-mercenary legislation en_US
dc.subject Citizenship en_US
dc.title South African private security contractors active in armed conflicts: citizenship, prosecution and the right to work en_US
dc.type Article en_US


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