CYIL 2014

PRIVATE MILITARY CONTRACTORS, PARAMILITARIES AND MERCENARIES … human rights violations, and a shattered society with no availability of reparations for victims or accountability. Alternatively, it may place a disproportionate amount of accountability on the shoulders of locally-based armed groups who will bear the blame for violence that may have been committed by private military contractors. When the community is set to rebuild, this may be a challenge for reintegrating armed groups into society. Due to the great possibility of abuse and the unsteady footing for accountability, there are certainly many arguments that private military contractors can create a confusing situation for the communities involved and any attempts at rebuilding towards peace. Notably, the International Committee for the Red Cross asserts that “[t] he presence of private contractors carrying out military tasks among the population … contributes to blurring the essential line between civilians and combatants.” 71 Furthermore, the more players there are involved in a conflict, the more confusing the process of demobilization and reintegration can be. If fighters range from home-grown civilians fighting for their freedom to private military contractors or paramilitaries from another State, then it can be difficult to ascertain how to demobilize and who to reintegrate into the community. Furthermore, it breeds distrust in the community of who to trust and what the motives of the conflict were for each party. Certainly, the tensions in Ukraine are great, with violence throughout communities and people holding starkly contrasting views on the situation, as such “faultlines have been drawn and the tension is not far below the surface.” 72 If society is unsure of who had which motives, then achieving peace and reconciliation can be very difficult as there may not be a sense of a “winning side” or particular goals achieved. Furthermore, inherent trust among the fighters and civilians may linger. As mentioned earlier, the potential of Chechen soldiers can be an example of the confusion, in large part because “it may be hard for observers to distinguish Chechen forces in the eastern regions of Ukraine from the Crimean Tatars, since both groups are Muslim,” and maintain similar features. 73 Particularly if there were atrocities or human rights violations committed by the Chechen soldiers, then there could “be more support for tough measures against the Tatars because they [would be seen as] dangerous Muslims, like the Chechens.” 74 Furthermore, if Russian paramilitaries are on the ground, many may believe that Russia and its armed forces are present. Certainly, in this situation, it will be difficult to reintegrate fighters into society because society itself may not know which side the fighters were even on and what they were fighting for, making reconciliation very challenging. Regardless of how combatants are labeled (armed groups, paramilitaries, private military contractors, or organized crime), the Ukrainian government, current and 71 Beerli, “A humanitarian perspective,” supra note 27.

72 Walker, supra note 1. 73 O’Neil, supra note 54. 74 Ibid.

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