If the host nation is unwilling to address human rights violations it is up to third party states to act.
Governments which employ private military companies such as Wagner and Africa Corps, can be held liable for any human rights violations committed by these firms, research from Edith Cowan University (ECU) has highlighted.
Associate Professor Shannon Bosch said the International Law Commission's Articles of Responsibility of States for Internationally Wrongful Acts (ARISWA) provides a means for the international community to hold states responsible for the actions of private military, on behalf of the victims of abuse.
"Corporations like Wagner and Africa Corps, which both have solid ties to Russia, have been involved in Africa for quite some time. In exchange for mineral rights, they have partnered with elected leaders, African dictators, rebel groups and military generals and offer services ranging from private protection details to full military services," Associate Professor Bosch said.
However, research noted that the name Wagner has become synonymous with grave human rights violations and abuses in Africa, with the companies facing allegations of sexual assault, mass executions, torture, the planting of explosives in civilian areas, and the forced displacement of civilians.
Associate Professor Bosch said that while it was tempting to classify Wagner employees as mercenaries, that legal status would depend on the company's relationship with the host State. Where Wagner employees have been incorporated into the State's armed forces, or even contracted, that contractual link exempts them from mercenary status.
It was also this association which made host States liable for any actions taken by these employees.
"States have the responsibility to ensure that any private military company that acts on their behalf should be well supervised and should be held accountable when instances of human rights violations are reported," Associate Professor Bosch said.
"Immunity clauses and informal arrangements cannot shield States from responsibility when violations involve non-derogable rights."
If the host nation is unwilling to step in and address these human rights violations, or worse condones them, it is up to third party states to act, Associate Professor Bosch said.
"ARISWA allows any State can invoke the responsibility of delinquent States when the breached obligation is owed to the international community as a whole. Third party States can bring actions before the International Court of Justice (ICJ) to ensure accountability for violations of jus cogens norms, which are peremptory principles of international law that are universally recognised and from which no derogation is permitted." she said.
In addition to moral and ethical obligations, third party States could also be prompted into taking this action to stave off the flow-on effects from human rights violations, particularly in States directly surrounding the host nation.
"Human rights violations cause repercussions that flow throughout the continent, including massive regional refugee populations and political instability. Rebel forces in neighbouring states are quick to incorporate the lessons learned from the private military firms and use those to stage a coup," Associate Professor Bosch said.
Through ARSIWA, international law allows the global community to hold States accountable when they employ, support or control private military groups like Wagner or Africa Corps, whether these groups are officially part of the State's military, act like regular armed forces, follow State orders, or have their actions officially accepted by the State.
Where delinquent States rely on foreign aid and trade, sanctions could be an effective response to deter the use Wagner or Africa Corps forces.
However, Associate Professor Bosch noted that actions like ICJ rulings, diplomatic pressure, or sanctions all depend on proving a clear link between these forces and the States that hire, support, or allow them to operate.
