Issue: № 4, 2025
Doi: https://doi.org/10.37634/efp.2025.4.15
The paper studies the historical development of the legal activities of private military and security companies in France. The historical development and creation of the French Foreign Legion are considered and compared with the legions of other states, namely Spain and Great Britain, which became prototypes for the creation of private military companies. It is proved that the market for services of private military companies in France is less developed compared to the Anglo-American market. Regulation of the activities of enterprises that provide services in the event of an armed conflict is at a minimal level. It should be noted that the regulation of the activities of private security guards in France has become outdated due to the emergence of new types of services provided by companies. French legislation does not pay attention to the foreign activities of PMCs, which has been repeatedly stated by French senators. The Law on the Activities of Private Security Guards of 2003 has a number of shortcomings that apply to private military companies, since the subject of its regulation is the activities of security and detective companies that operate in stable conditions within the country. The Law under consideration does not take into account the specifics of the activities of PMCs in armed conflicts, and is suitable for regulating security and detective services within the state in peacetime. The prohibition of direct participation in military operations is based, in particular, on the operation of the norms of the French Criminal Code, in particular Art. 436 of the Criminal Code, which defines a mercenary, primarily, as a person who takes a direct part in military operations. French legislation does not qualify other activities of individuals in an armed conflict as mercenary activity, thereby allowing experts, technical and military advisors to work in conditions of armed conflict. The foreign activities of private military companies are little regulated by law, but are self-regulated by the companies.
Keywords : private military companies, armed conflict, criminal code, legion, code, serviceman, United Nations, national security
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