The victory of the Russian army over “an Islamic state” in Syria declared, writes expert Sergey Eledinov on website “radio “freedom”. At the same time, very modestly, in the traditions of Soviet-Russian official journalism, mentions in passing the contribution to this victory of the workers of the bayonet and grenade, wishing to remain anonymous, fighters of the so-called private military company Wagner, and can, and some other. Formally, they are not included in the lists of the Ministry of Defense or other departments weighed down with power functions.. “Look for some kind of devil everywhere and at the same time continue to demonize Russia – this is such a well-known fun in many states”,- lamented at one time the press secretary of the President of the Russian Federation Dmitry Peskov.
The use of PMCs in the past two decades has become firmly established in world practice.. UN documents note, that the privatization of state security functions has become a global trend. The reason is simple: the actions of such organizations are popular in the military market. PMCs turn out to be the most effective tool for implementing policy without direct state participation, they minimize financial and time costs when solving costly and labor-intensive tasks from the point of view of management and logistics. Demonize PMCs upon use? This is funny. Welcome to a market-based military economy, friend!
May be, the devil is in the details? Let's turn to the existing legal framework, and she's all in “gray area”. The fact of the emergence of PMCs made specialists in international humanitarian law ponder over a normatively ill-defined concept “participation in hostilities”. The basis for reflection is as follows: 1) clauses of the article 47(2) supplements to the Geneva Conventions 1977 of the year, defining mercenarism, as well as a more expanded UN document 1989 Years - Convention on the Prohibition of Recruitment, financing and training of mercenaries; 2) article 43 additions 1 to the Geneva Conventions 1977 of the year, defining concept “combatant”; 3) civilian status, located on the territory of the conflict. Other international documents are also known - materials of working groups and UN conventions, so-called Montreux document and the International Code of Private Military Companies. All provisions of these documents are declarative., recommendatory and do not create any legal prohibitions. But they create a kind of legal “house”, where can the mercenary hide. With a known inclination to interpretations, we can conclude, that private military companies exist in a relatively safe area of international humanitarian law. I even want to say: Bob Penny was a mercenary, because he did not act in the ranks of PMCs. And the properties of interpretation are well known: can say “sneaky spy”, Can i - “brave scout”. Legal field, in which spies and scouts operate, while the same.
PMC is a rather expensive commercial military outsourcing enterprise. Commercial, that is, created to make a profit, considerable primarily due to the specificity and uniqueness of the services provided. The basis for the use of PMCs is an agreement between it and the employing party, usually by some subject of national law (or a government agency, or structure, affiliated with the state, operating in the area of international law. If the PMC acts in the interests of the country, which created, then its status must meet some specific requirements. But nothing more - state management of the process directly contradicts the very philosophy of outsourcing. And of course – even with all the vagueness of existing international humanitarian law, PMCs should not replace the regular army, especially when it comes to conducting constant hostilities.
Charles Baudelaire wrote: “The devil's greatest trick is, that he made people believe that, it does not exist”. But the Russian authorities never claimed, that PMCs do not exist, just kept quiet about this. “There were demons, we do not deny it”, - said the hero of one Soviet film. At a recent press conference, Russian Foreign Minister Lavrov raised the issue of the need to create a legislative framework to protect the interests of Russians, working in PMCs. Following this, a draft law on the actions and status of PMCs was prepared by the faction “Just Russia” in the State Duma. enough wrote a lot about PMC Wagner website “Fontanka.Ru” (I personally refer these publications to the planned information injection). Along the way, there were notes about the Islamic battalion “Turan”, with discussions about the very fact of its existence. And many other things have been written on this topic..
In Russia, the issue of legalizing PMCs has been discussed for a long time.. Vladimir Putin in 2012 year supported the idea of creating an official system of private military companies in Russia. FROM 2014 year, the draft of the relevant law was repeatedly submitted for discussion by various Duma factions with the participation of scientific research institutes with loud names. As a result, “all the necessary prerequisites for creating a legal framework have been created”. However, then the direction of the wind changed., press secretary of the head of state Dmitry Peskov in the middle 2015 , stated: “This issue is not on the agenda in the administration”. And here's a new explanation: “I do not know, that some bills exist now ... This is not a question of the Kremlin”.
But still: what is there and whose question is it?? The country has the necessary contingent, with the competence and willingness to apply their strengths and skills; there are existing de facto structures, whose activities, in one way or another, lie in the legal field of PMCs in its international understanding. Private military companies have the necessary capabilities for this activity and, respectively, one way or another work in their specialty - of course, at “gray area”. And are in commercial demand.
There is a Criminal Code of the Russian Federation with an article 359 “mercenary”, and in light of recent events (condemnation of the leadership of a Russian PMC “Moran Security Group”) not so exotic. The Criminal Code also has an article 208 “Illegal armed groups”, not exotic at all, with part 2 on participation in an illegal armed formation on the territory of a foreign state, acting for, contrary to the interests of the Russian Federation. There is an article 9 Federal Law of the Russian Federation “About defense”, allowing citizens to create organizations and public associations, defensive strengthening. There is a lot more stuff like that, which facilitates the creation of organizations, contributing to the military-patriotic education of youth and other citizens. There is DOSAAF lying in a coma, on the basis of which, by the way, at one time they were going to create Russian PMCs. Voluntary organizations, remember this word. There is a Ministry of Defense, FSB and other security forces, worried about reservists and obscure forms of short-term contracts.
And there is a discussion about “Russian way”, from which it is clear, that PMCs in their international understanding in Russia, likely, will not be. Serious people in uniform and without have already spoken about this. Light version stated the head of the State Duma Defense Committee, Admiral Vladimir Komoedov, named PMC “fashion trend” and not understanding, why they need to be created. Tougher General Viktor Bondarev, Head of the Federation Council Committee on Defense, spoke out: “PMCs must obey the Ministry of Defense… It is necessary to provide for such norms, so that private traders can't just hire, how is it done in the market”. Sentence passed by former secretary of the Security Council, now - Advisor to the Commander-in-Chief of the Internal Troops of the Ministry of Internal Affairs of the Russian Federation, Army General Yuri Baluyevsky: “The creation of a PMC violates the Constitution of the Russian Federation and the law “About defense”. I.e, likely, this bill will hang out in the hole of discussions and amendments as something of no particular value, but positively buoyant. And the most optimistic prospect is the creation of a legal framework for a certain structure, some federal state unitary enterprise “Zarubezhvoenservice”, or built into the state power vertical, or tightly controlled by it, with significant limitation of forms and areas of application, but with a mandatory three-tier legal regulation (international, Russian and countries of application).
In Russia - a huge number of people who want to go somewhere, suitable for the age limit and fit for health reasons. This flow of people is being redirected from Russia to the war, and, how does it happen in war, there they kill, and there they are killed. For the most part, these are not high-class military professionals., not specialists in the region, not drone or wireless bullet engineers, not instructors, not technicians, but just a human shield, regular cannon fodder. They are ready to do the job, which no one else wants to do under these conditions, they are the guest workers of the war, “not on the lists”. Someone is recruiting these people, someone pays them money, somewhere detachments are formed to be sent to slaughter. Who are these people, are they really so unnecessary for their country and their loved ones? What is their legal status?
The veil was lifted by the Duma admiral Komoedov, which the considers it necessary to expand the legal status of the volunteer, at least clarify it: “Legal clarification of the status of a volunteer, who goes to the war zone on a volunteer basis and is not a mercenary, matures”. And ripe: since the outbreak of the conflict in eastern Ukraine, some countries have criminalized volunteer warriors. For final clarity, Komoedov adds: “What attracts there, in Syria, volunteers, besides the idea? Of course, for sure, money”.
