A review of Private Military Companies

Abstract

The 1949 Third Geneva Convention (GCII) does not distinguish defence contractors and PMCs; it simply defines both as supply contractors. If a supplier has been issued with a valid identity card from the armed forces they are in contract with,  they are to be treated as prisoners of war upon capture (GCIII Article 4.1.4). If, however, the contractor engages in combat, they can be classified as a mercenary under Protocol I 1977. If a captured contractors ac be regarded a mercenary, they are unlawful combatants and lose their right to the prisoner of war status. This amendment was not ratified by the United States.